STATE OF NEW MEXICO Public Education Department School and Family Support Bureau REQUEST FOR PROPOSALS RFP# 30-924-12-15677 21st Century Community Learning Centers Issue Date: January 2, 2013 TABLE OF CONTENTS I. INTRODUCTION..................................................................................................................................................1 A. PURPOSE OF THIS REQUEST FOR PROPOSALS .....................................................................................1 B. VISION................................................................................................................................................................1 C. SUMMARY SCOPE OF WORK ......................................................................................................................1 D. SCOPE OF PROCUREMENT..........................................................................................................................4 E. PROCUREMENT MANAGER ........................................................................................................................7 F. DEFINITION OF TERMINOLOGY ................................................................................................................8 G. BACKGROUND INFORMATION ................................................................................................................11 H. PROCUREMENT LIBRARY.........................................................................................................................11 II. CONDITIONS GOVERNING THE PROCUREMENT ..................................................................................11 A. SEQUENCE OF EVENTS...............................................................................................................................13 B. EXPLANATION OF EVENTS ........................................................................................................................13 1.Issue of RFP ............................................................................................................................. ........................13 2.Pre-Proposal Conference ............................................................................................................................. ....14 3.Distribution List Response ............................................................................................................................. ..14 4.Deadline to Submit Additional Questions....................................................................................................... .14 5.Response to Written Questions/RFP Amendments ..........................................................................................14 6.Submission of Proposals ............................................................................................................................. .....15 7.Proposal Evaluation ............................................................................................................................. ............15 8.Selection of Finalists ............................................................................................................................. ...........15 9.Best and Final Offers From Finalists .............................................................................................................. .15 10. Finalize Contract Award ............................................................................................................................. ..16 11.Contract Award...............................................................................................................................................16 12.Protest Deadline..............................................................................................................................................16 C. GENERAL REQUIREMENTS .......................................................................................................................16 1.Acceptance of Conditions Governing the Procurement ...................................................................................17 2.Incurring Cost ............................................................................................................................. .....................17 3.Prime Contractor Responsibility ..................................................................................................................... .17 4.Subcontractors ............................................................................................................................. ....................17 5.Amended Proposals .........................................................................................................................................17 6.Offeror’s Rights to Withdraw Proposal .......................................................................................................... .17 7.Proposal Offer Firm ............................................................................................................................. ............17 8.Disclosure of Proposal Contents ..................................................................................................................... .18 9.No Obligation ....................................................................................................................... ...........................18 10.Termination............................................................................................................................. .......................18 11.Sufficient Appropriation ............................................................................................................................. ...18 12.Legal Review ............................................................................................................................. ....................18 13.Governing Law ............................................................................................................................. .................19 14.Basis for Proposal ............................................................................................................................. .............19 15.Contract Terms and Conditions .................................................................................................................... .19 16.Offeror’s Terms and Conditions ................................................................................................................... .19 17.Contract Deviations ............................................................................................................................. ..........19 18.Offeror Qualifications ............................................................................................................................. .......19 19.Right to Waive Minor Irregularities.............................................................................................................. .20 20.Change in Contractor Representatives .......................................................................................................... .20 21.Notice............................................................................................................................. ................................20 22.Agency Rights............................................................................................................................. ...................20 23.Right to Publish ............................................................................................................................. ................20 24.Ownership of Proposals ............................................................................................................................. ....20 25.Confidentiality ......................................................................................................... ......................................20 26.Electronic Mail Address Required ................................................................................................................ .21 27.Use of Electronic Versions of this RFP ........................................................................................................ .21 28.New Mexico Employees Health Coverage ................................................................................................... .21 29.Campaign Contribution Disclosure Form. .................................................................................................... .22 Request For Proposal – 21st Century Community Learning Centers 2012 ii 30. Disclosure……………………………………………………………………………………….22 III. RESPONSE FORMAT AND ORGANIZATION ........................................................................................... .24 A. NUMBER OF RESPONSES............................................................................................................................24 B. NUMBER OF COPIES ............................................................................................................................. .......24 C. PROPOSAL FORMAT ...................................................................................................................................24 1.Format Specifications ............................................................................................................................. .........25 2.Proposal Organization............................................................................................................................. .........25 IV. SPECIFICATIONS ............................................................................................................................. ...............27 A. INFORMATION..............................................................................................................................................27 1.Agency Resources............................................................................................................................. ...............27 2.Work Performance ............................................................................................................................. ..............27 3.Hours of Operation……………………………………………………………………...…………… …….27 4.Snacks and Meals…………………………………………………………………………………………….27 5.School-Community Partnerships…………………………………………………………………………….27 6. Program Sustainability…………………………………………………………………………… … …….28 7. Private School Engagement………..……………………………………………………………… … …….29 8. Student and Family Engagement………………………………………………………………… ………29 9. Intentional Programming………………………………………………………………………… ……….29 10. Student Physical Well-Being……………………………………...…………………………………….…..31 11. Prepared Staff………………………………...……………………………………………………… ……31 12. Supplemental Funding…………………………..…………………………………………………………..31 13. Fiscal Accounting…………………………………………………………………… ….…………………32 14. Continuous Quality Improvement and Evaluation………………………………… …..………………….33 15. Principles of Effectiveness……………………………………………………………………………..……34 B. MANDATORY SPECIFICATIONS ............................................................................................................34 1.Project Summary............................................................................................................................. .................34 2.Narrative – Part I: Eligible Applicant ............................................................................................................. .35 3.Narrative – Part II: Quality Project Design ..................................................................................................... .35 4.Narrative – Part III: Quality Management Plan .............................................................................................. .37 5.Narrative – Part IV: Quality Project Evaluation ............................................................................................. .38 6.Cost Formula Fund ............................................................................................................................. .............39 7. Budget Justification Fund…………………………………………………………………………………....39 8.Formal Partnership Agreements…………………………………………………………………… …...….. 39 9.Priority Points ............................................................................................................................. .....................39 10.Hours of Operation and Activity Schedule ................................................................................................... .40 11.21st Century Community Learning Assurances ............................................................................................ .40 12.Campaign Contribution Disclosure Form ..................................................................................................... .40 13.New Mexico Employees Health Coverage Form...........................................................................................40 14. Statement of Confidentiality……………………………………………………… ……………40 V. EVALUATION ............................................................................................................................. .......................41 A. EVALUATION POINT TABLE/SUMMARY ..............................................................................................41 B. EVALUATION FACTORS .............................................................................................................................41 1. Eligible Applicant ............................................................................................................................. ..............41 2. Quality Project Designs ............................................................................................................................. .....41 3. Quality Management Plan............................................................................................................................. ..42 4. Qualtiy Project Evaluation ............................................................................................................................. .42 5. Cost Formula............................................................................................................................. ......................42 6. Budget Justification…………………………………………………………………………………...……..42 7. Partnership Agreements ............................................................................................................................. .....42 8. Priority Points ……………………………………………………………… ……………………………..42 9.Hours of Operation and Activity Schedule ..................................................................................................... .43 C. EVALUATION PROCESS……………………………………………………………………………...43 Request For Proposal – 21st Century Community Learning Centers 2012 3 APPENDIX A-ACKNOWLEDGEMENT OF RECEIPT/LETTER OF INTEREST FORM............................44 APPENDIX B-CONTRACT/AGREEMENT TERMS AND CONDITIONS .....................................................46 APPENDIX C-PROJECT SUMMARY FORM......................................................................................................58 APPENDIX D-COST FORMULA FORM ............................................................................................................ ..62 APPENDIX E-BUDGET JUSTIFICATION FORM............................................................................................ ..64 APPENDIX F-HOURS OF OPERATION AND ACTIVITY SCHEDULE .........................................................69 APPENDIX G-21ST CENTURY COMMUNITY LEARNING CENTER ASSURANCES.................................73 APPENDIX H-CAMPAIGN CONTRIBUTION DISCLOSURE FORM ............................................................77 APPENDIX I-NEW MEXICO EMPLOYEES HEALTH COVERAGE FORM ................................................81 APPENDIX J-STATEMENT OF CONFIDENTIALITY……………………………………………..83 APPENDIX K- TARGET SCHOOL LIST ............................................................................................................ .85 Request For Proposal – 21st Century Community Learning Centers 2012 4 I. INTRODUCTION A. PURPOSE OF THIS REQUEST FOR PROPOSALS The State of New Mexico's Public Education Department (PED) is requesting proposals for the establishment of 21st Century Community Learning Centers (CCLC) statewide that serve students who attend high poverty and low performing schools. Community learning centers will provide students a broad range of exceptional school-linked learning and developmental opportunities, designed to complement the students’ regular academic program. Community learning centers must also offer participating students’ families literacy and other educational services (Title IV, Part B, Sec.4201 (a)). Programming provided must support local schools in preparing students with age-appropriate knowledge, attitudes and behaviors to succeed at college, in a career and in life. Enrichment activities provided must be innovative, interactive, research-based and support positive youth development. Academic opportunities provided must support student academic growth in meeting the Common Core Standards (CCSS) in core academic subjects, such as reading and mathematics. Diverse stakeholders within each community should be involved in the planning and the delivery of the services. Programming may be provided during non-school hours or periods when school is not in session, such as before and after school, holidays, weekends or summer recess; to support expanded learning time during the school day (NM ESEA Flexibility Request, February 15, 2012); or both. Community learning centers can be located in elementary or secondary schools or other similarly safe and accessible facilities (Title IV, Part B, Section 4204 (c)). PED supported community learning centers serve students at no cost to the parents. B. PUBLIC EDUCATION DEPARTMENT VISION Bold, visionary reform that puts students first in every decision will increase student achievement and prepare our kids for success in colleges and careers. We call on every educator, student, parent, community member and public servant to share in the responsibility for the success of our children and ultimately, the future of the great state of New Mexico. When we put our kids first, New Mexico will win. C. SUMMARY SCOPE OF WORK The purpose of this Request for Proposals (RFP) is to select qualified offerors who will deliver quality 21st CCLC programs that will: 1. Provide 21st CCLC services to students who attend PED identified and approved targeted high poverty and low-performing schools. 2. Meet and document, at a minimum, the program delivery requirement at each community learning center, two (2) hours per day, four (4) days per week for a minimum of thirty (30) weeks. 3. Provide, as appropriate, 21st CCLC programming during non-school hours or periods when school is not in session, such as before and after school, holidays, weekends or summer recess; to support expanded learning time during the school day; or both. Request For Proposal – 21st Century Community Learning Centers 2012 1 4. Provide US Department of Agriculture approved snacks and meals, as appropriate, for participating students using resources other than 21st CCLC funds. 5. Provide 21st CCLC programming at no cost to the parents. 6. Maintain and implement a PED approved Transportation Plan that addresses how students participating in the program will travel safely to and from the community learning center(s) and home. 7. Demonstrate and document partnership(s) with participating community resources, including but not limited to: a) Partnering with other agencies serving children, b) Securing volunteer staff, c) Receiving tangible resources that expand and enhance program delivery, and d) Creating other partnerships that enhance sustainability and quality of services provided. 8. Demonstrate and document partnership(s) with participating local education agencies and principals from targeted schools, including but not limited to: a) Establishing how the link between the school day and the 21st CCLC program will be maintained, b) Identifying processes to secure and maintain school administrative and teacher support, c) Identifying the resources that will be shared between the school and the 21 st CCLC and at what mutually designated intervals, d) Scheduling mechanisms for communication between participating parties, and e) Determining how student data will be shared between the school and the 21st CCLC program to evaluate impact. 9. Maintain an annual formal agreement(s) (e.g. Memorandum of Understanding, contracts, etc.), as approved by the PED, between participating schools and the community partnerships developed on behalf of the 21st CCLC. 10. Maintain and implement a PED approved Sustainability Plan with documented ongoing activities that support how the community learning center(s) will continue after funding ends. 11. Maintain and implement a PED approved Communication Plan that addresses how information about the community learning center and its location will be disseminated to the community in an understandable and accessible way, including meeting the needs of homeless, bilingual, Native Americans and private school parents. 12. Maintain and implement a PED approved Private School Plan that addresses how the 21st CCLC program will provide equitable services and opportunities for participation by private school students within the service area of the targeted schools. 13. Increase attendance in the 21st CCLC program of students overall, and within the specific populations below, for thirty (30) or more days during the year for maximum benefit, by students who are: a) Homeless, b) English Language Learners, c) Native Americans, d) Students with disabilities, and e) Students in the lowest 25% quartile of achievement. Request For Proposal – 21st Century Community Learning Centers 2012 2 14. Recruit families of participating students to participate in the literacy and educational services provided for them by the 21st CCLC(s). 15. Provide a PED approved balanced program offerings aligned to both the needs assessment results and the school day instruction, which include all of the following: a) Academic enrichment opportunities such as individual tutoring, reading interventions, homework help and other academic activities that meet Common Core State Standards (CCSS) in core academic subjects, such as reading and mathematics, b) Regular, ongoing activities that specifically address obesity prevention that includes both nutrition education and physical activity, c) A broad array of programming that fosters positive youth development, including but not limited to: cultural appreciation; drug and violence prevention; counseling; art; music; technology education; and character education, and d) Adult literacy and educational services that meet the needs of families of participating students. 16. Provide support for struggling readers with early interventions aligned with the school day learning. 17. Provide access to learning and developmental opportunities for children with disabilities. 18. Provide a program director who will be responsible for providing leadership to the program and will ensure quality control of the following: a) 21st CCLC(s) achieve established objectives and meet state deliverables, including data delivery, b) Adequate staff and student resources at each 21st CCLC(s), c) Adoption of protocols to ensure secure and safe environments, including background checks for paid staff and volunteers who work directly with students, and d) At least two annual quality professional development activities for all 21 st CCLC staff at all funded 21st CCLC(s). 19. Provide fiscal documentation, as required by the DEPARTMENT, with Offerorpurchased software that includes a systems generated report with each request for reimbursement that illustrates: 1) time/date; 2) original, adjustments and current budget amounts; 3) current and year to date expenditures; 4) budget balance (budget minus expenditures); 5) encumbrances; 6) budget balance that represents the budget minus the expenditures plus encumbrances; and 7) budget balance percentage remaining. Training will be provided by the 21st CCLC state coordinator in partnership with the Fiscal Grant Management Bureau on the reimbursement process. 20. Ensure funds appropriated will be used to supplement, and not supplant, other federal, state, and local public funds expended to provide programs and activities authorized under ESEA and other similar programs. 21. Meet all required federal reporting and documentation, as applicable, in the Education Department General Administrative Regulations. 22. Use software, designed to allow compliance with the federal Profile and Performance Information Collection System (PPICS). The PED Division of Information Technology will determine the software to be used, and the 21st CCLC state coordinator will disseminate purchasing information. Request For Proposal – 21st Century Community Learning Centers 2012 3 23. Submit the required PPICS data in a timely manner, as identified by the PED, to include but not limited to: 1) levels of funding, 2) extent of community partnerships; 3) basic center operations; 4) rates of student attendance; 5) staffing configurations; 6) activities offered by the centers; 7) changes in state assessment scores among attending students; and 8) improved classroom behavior of attending students. 24. Participate in the PED evaluation process and report data to the state evaluation contractor on the state identified quality program indicators, including but not limited to: a) Percentage of students attending the program from the student population of participating schools, b) Percentage of students attending thirty (30) or more days at the community learning center, c) Change in the students’ scores on the New Mexico Standards Based Assessment or comparable standardized assessment, d) Change in student classroom behavior, e) Change in student completion of homework, f) Change in student school absenteeism, and g) Change in student promotion. 25. Disseminate and collect the PED approved surveys during the 2013 spring semester that ensure the following return rates: a) Parent surveys - 50% of parents of total enrolled students, b) Student surveys - 75% of total enrolled students, and c) Teachers surveys - 75% of school teachers who serve students in the program. 26. Participate in the PED identified continuous quality improvement processes and documented implementation of federal and state identified best practices. D. SCOPE OF PROCUREMENT Length of Funding: Successful offeror funding is dependent on continued annual federal funding. The resulting multi-year contracts shall begin on April 12, 2013, or as soon as possible thereafter, and will remain in effect for up to approximately three (3.0) years, or any portion thereof contingent upon evidence of substantial progress towards meeting goals and objectives and compliance with all the PED and 21st CCLC federal requirements. Successful offerors may elect to start the multi-year contract on July 1, 2013 without any reduction in awarded funds. By state statute, 21st CCLC awards shall not exceed four years or beyond June 30, 2016, whichever comes first. The PED reserves the right to terminate any award that does not meet the rigorous requirements as defined by federal guidelines governing the program and does not demonstrate substantial progress toward meeting the objectives set forth in its approved application (21st CCLC Non-Regulatory Guidance, F-29). Level of Funding: Successful offeror funding is dependent on continued annual federal funding. The range of grant awards will vary based on the number of community learning centers to be supported and the number of students served, and funding is subject to negotiation with the PED. A minimum award is $50,000.00 per center (Title IV, Part B Sec.4204 (h)). An average award may be $75,000 per center. The number of centers served by an offeror will partially determine the level of funding. There is no maximum amount set per center, nor is there an award maximum per Offeror. The national average for out-of- Request For Proposal – 21st Century Community Learning Centers 2012 4 school time programs is approximately $1000 per student. The PED may apply this average for regularly attending students, as defined as attending 30 or more days at the center. PED proposes to award fewer but more substantial awards – large enough to fully implement comprehensive plans describe in successful applications – rather than a larger number of small awards unlikely to have any measureable impact on student achievement (21st CCLC Non-Regulatory Guidance, F-6). To the extent practicable, the PED, will distribute funds equitably among geographic areas within the State, including urban and rural communities (Title IV, Part B Sec. 4204 (f)). For the first year, awards will be partially based on the number of proposed centers and proposed students served by the offeror. In subsequent funding years, the amount of the awards will be partially based on the number of students who attend the program 30 days or more. The PED reserves the right to award a smaller or larger amount of grant funds than requested based upon available funding and the recommendations of the evaluation committee. Bureau of Indian Education (BIE) schools may only accept one 21st CCLC funding award, either through BIE administered funding or PED administered funding (a school cannot receive two grants for the same purpose (21st CCLC Non-Regulatory Guidance, F-22). New Mexico State statute allows the PED to flowthrough funding to local education agencies, which allows for carryover of 21st CCLC funding to be applied to the program in the subsequent year within the specific time period set by the Request for Proposal (RFP). This will be formalized through an Intergovernmental Agency Agreement (NMSA 22-8-5: Rules; Procedures). New Mexico State statute requires all state entities to use contracts to award funding to entities other than local education agencies, such as community-based agencies, faith-based agencies, non-profit agencies and for-profit agencies. The statute allows contracts to be extended for up to a maximum of four years dependent upon the funding cycle. Annual awards not expended in each year of the contract are not allowed to be carried over into a subsequent year. Eligible Entities: Eligible entities may be public and private or a consortium of two or more of such agencies, organizations, or entities (Title IV, Part B, Sec.4201 (b) (3)). Examples are listed below: Public Entities: Private Entities: Local Education Agency (LEA), including State Chartered Charter Schools CommunityBased Organization Regional Educational Cooperatives (RECs) City or County Governments Institutions of Higher Education Faith-Based Organization Non-Profit Agencies For-Profit Corporations Request For Proposal – 21st Century Community Learning Centers 2012 Bureau of Indian Education Schools (BIE) 5 State–Chartered Charter Schools have LEA status and may apply as an LEA. Individual public schools and Locally-Chartered Charter Schools may not submit an application. They must apply through an LEA or other eligible entity. Reapplying Organizations: Previously or currently funded entities under the 21st CCLC state program may apply, but will need to compete under the current RFP requirements. Criteria for Targeted Schools: As required by the USDE, the PED is seeking eligible entities that propose to serve students who attend school in high-poverty areas and in lowperforming schools (Title IV, Part B Sec 4204 (i)(A)). The PED is operating under the No Child Left Behind waiver. The waiver allows PED to assign grades to schools based on performance. The PED is using the OVERALL GRADE from the 2012 A-F grade system and the Title I School-wide Eligibility Free and Reduced Lunch percentage (40% minimum) to determine which schools would be eligible. Private schools and BIE schools who want to receive funding to become a 21st Century center must also meet specific criteria. See Appendix K for list of eligible public schools. Public schools eligible to receive 21st CCLC services are: 1. High poverty schools defined by their eligibility for school-wide Title I programs; 2. And are low performing schools defined as those receiving a “C”, “D”, or “F” per the PED 2012 A-F school grading system. Private schools and BIE schools who want to become a 21st CCLC center and receive funding through the PED must demonstrate: 1. High poverty as demonstrated by 40% or more of their student population eligible for free and reduced lunch; 2. And must demonstrate low performance by a standardized assessment such as the New Mexico Standards Based Assessment (NMSBA), the Iowa Test of Basic Skills, CIB Terra Nova or comparable standardized assessment. If several Offerors submit an application on behalf of the same targeted school, a targeted school will ultimately be funded through only one application award. Criteria for Partnerships: The PED is seeking eligible entities that are able to collaborate with other public and private agencies, including the local school districts, to create programs that are comprehensive and of high quality (21st CCLC Non-Regulatory Guidance, B-2). By bringing together community organizations with school districts, community learning centers can take advantage of multiple resources in the community. Community learning centers can offer residents in the community an opportunity to volunteer their time and their expertise to help students achieve academic standards and master new skills. Collaboration can also ensure that the students attending a learning center benefit from the collective resources and expertise through the community (21st CCLC Non-Regulatory Guidance, F-9). Eligible entities applying for funds must collaborate, at a minimum, with the schools the students attend (Title IV, Part B Sec.4204 (b)(2)(D)). Other partnerships may be established Request For Proposal – 21st Century Community Learning Centers 2012 6 as needed to provide the necessary resources to provide a quality program. It is recommended that community learning centers establish partnerships that benefit the educational, health, social, cultural and recreational needs of the students in the program. The ability to partner will be demonstrated by formal partnership agreements developed on behalf of the 21st CCLC (such as written assurances, letter of commitment, formal Memorandum of Understanding, etc.) The intent of the formal agreement may vary per community but must address: shared planning and design of the program; identified roles for the partners; use of facilities; specialized activities; transportation; strategies for communication with administrators, teachers and parents; administering needs assessments; alignment of programming with student individual needs and the school day learning; securing snacks and meals; fiscal management; and data sharing. Joint Submissions: Priority will be given to applications submitted jointly by (1) a LEA and (2) a public or private community-based organization, or other public or private entity, that propose to serve students attending schools meeting the definition of high-poverty and lowperforming schools (Title IV, Part B Sec 4204 (i)(1)). The PED will assign the same priority to applications submitted by a LEA without community partners, if the LEA successfully demonstrates that it is unable to partner with a community-based organization in reasonable geographic proximity and of sufficient quality to support the delivery of quality programming (Title IV, Part B Sec 4204 (i)(2)). E. PROCUREMENT MANAGER The agency has designated a Procurement Manager who is responsible for the conduct of this procurement whose name, address, and telephone number are listed below: Angelo Jaramillo Procurement Manager Public Education Department 120 S. Federal Place, Room 206 Santa Fe, NM 87501 Phone: 505.827.1807 Fax: 505.827.1826 E-mail: Angelo.Jaramillo@state.nm.us Mailing Address: Angelo Jaramillo New Mexico Public Education Department 120 S. Federal Place, Room 206 Santa Fe, NM 87501 All deliveries via express carrier should be addressed as follows: State Purchasing Division c/o Debra Saiz, ITBA Joseph Montoya Building Request For Proposal – 21st Century Community Learning Centers 2012 7 1100 St. Francis Drive, Room 2016 Santa Fe, NM 87505 Mailing Address: State Purchasing Division c/o Debra Saiz, ITBA Joseph Montoya Building 1100 St. Francis Drive, Room 2016 Santa Fe, NM 87505 Any inquiries or requests regarding this procurement should be submitted to the Procurement Manager in writing. Offerors may contact only the Procurement Manager regarding the procurement. Other state employees do not have the authority to respond on behalf of the Agency. Questions must be in writing and received by January 21, 2013. Written responses, sent via email, will be provided to all applicants who have returned an Acknowledgement of Receipt Form / Letter of Interest that includes a correct email address. F. DEFINITION OF TERMINOLOGY This section contains definitions that are used throughout this procurement document, including appropriate abbreviations. “Administrator” means a principal, superintendent or charter school director. “Agency” means the New Mexico Public Education Department. “Close of Business” means 5:00 PM Mountain Standard or Mountain Daylight Time, whichever is in effect on the date given. “Contract” means any agreement for the procurement of items of tangible personal property, services or construction derived from an ITB or RFP. “Contract Manager” means the individual selected by the Agency to monitor and manage all aspects of the contract resulting from this RFP. “Contractor” means an employer contracting with the State of New Mexico, which employer has, had, or anticipates having six (6) or more employees who worked, are working, or are expected to work an average of at least twenty hours per week over a sixmonth period, with said six month period being at any time during the year prior to seeking the contract(s) with the State, or any time during the term of the contract(s) with the State; “Deliverable” means any measurable, tangible, verifiable outcome, result, or item that must be produced to complete a project or part of a project. Request For Proposal – 21st Century Community Learning Centers 2012 8 “Department of Information Technology” means the New Mexico Department of Information Technology, which is responsible for operating the data center and all communications related items. “Desirable”—The terms “may,” “can,” “should,” “preferably,” or “prefers” identify a desirable or discretionary item or factor (as opposed to “mandatory”). “Determination” means the written documentation of a decision of a procurement manager including findings of fact supporting a decision. A determination becomes part of the procurement file to which it pertains. “DFA” means the Department of Finance and Administration for the State of New Mexico. “DFA/CRB” means the Contracts Review Board of the Department of Finance and Administration for the State of New Mexico. “Employer” means any for-profit or not-for-profit business, regardless of location, that employs one or more persons that qualify as a “New Mexico Employee”. (See below.) Such definition does not include governmental entities. “Evaluation Committee” means a body appointed by the Agency management to perform the evaluation of offeror proposals. “Evaluation Committee Report” means a report prepared by the Procurement Manager and the Evaluation Committee for submission to the State Purchasing Agent for contract award that contains all written determinations resulting from the conduct of a procurement requiring the evaluation of competitive sealed proposals. “Extended Day” is a term that applies to the time a schools increases their delivery of educational time beyond the current hours. “Finalist” is defined as an offeror who meets all the mandatory specifications of the Request for Proposal and whose score on evaluation factors is sufficiently high to qualify that offeror for further consideration by the Evaluation Committee. “Instructor” is defined as a staff person in an out-of-school time program who provides instructional services of any kind to participating students. “Mandatory” The terms “must,” “shall,” “will,” “is required,” identify a mandatory item or factor (as opposed to “desirable”). Failure to meet a mandatory item or factor will result in the rejection of the Offeror’s proposal. “Milestone” means a significant event in a project, usually the completion of a major deliverable. Request For Proposal – 21st Century Community Learning Centers 2012 9 “New Mexico Employee” means any resident of the State of New Mexico, performing the majority of their work within the State of New Mexico, for any employer regardless of the location of the employer’s office or offices. “Offer” means to make available to all New Mexico employees, without unreasonable restriction, enrollment in one or more health coverage plans and to actively seek and encourage participation in order to achieve the goals of the Executive Order. This could include State publicly financed public health coverage programs such as Insure New Mexico! “Offeror” is any person, corporation, or partnership who chooses to submit a proposal. “Procurement Manager” means the person or designee authorized by the Agency to manage or administer a procurement requiring the evaluation of competitive sealed proposals. “Request for Proposals” or “RFP” means all documents, including those attached or incorporated by reference, used for soliciting proposals. “Requirements” are obligatory and mean the system functions that are related to the organization’s goals and business opportunities. Requirements are defined by the project team and are usually prioritized. “Responsive Offer or Responsive Proposal” means an offer or proposal that conforms in all material respects to the requirements set forth in the request for proposals. Material respects of a request for proposals include, but are not limited to, price, quality, quantity or delivery requirements. “Responsible Offeror” means an offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources production, or service facilities, personnel, service reputation, and experience are adequate to make satisfactory delivery of the services or items of tangible personal property described in the proposal. “Solicited and Awarded” means an ITB or RFP was made available to the general public, through any means, after January 1, 2008 AND the contract(s) sought as a result of that solicitation was/were awarded after January 1, 2008. “Solicitations” means ITBs and RFPs. “State (the State)” means the State of New Mexico. “State Purchasing Agent” or “SPA” means the purchasing agent for the State of New Mexico or a designated representative. “Teacher” means a staff person employed to provide instruction during the school day. Request For Proposal – 21st Century Community Learning Centers 2012 10 G. BACKGROUND INFORMATION Authorized under Title IV, Part B, of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001, the primary goal of the state 21st CCLC program is to enable community learning centers to plan, implement or expand quality out-of-school time learning and enrichment opportunities to help students meet state standards in core content areas. Well-designed and well-implemented afterschool programs can have measurable effects on student academic performance and behavior. The PED has been given authority to administer the 21st CCLC federal funds and establish criteria and a process for local competition (21st CCLC Non-Regulatory Guidance, F-25). Expected student outcomes for the 21st CCLC funded programs include: 1. Improved student academic achievement in reading and math 2. Improved student school attendance, classroom behavior and promotion to the next grade level 3. Positive youth development as demonstrated by multiple factors including, but not limited to student confidence, inspired learning, healthy choices and positive social behaviors H. PROCUREMENT LIBRARY The State Purchasing Agent has established an Internet Procurement Library. Offerors are encouraged to review the material contained in the Procurement Library by selecting the link provided in the electronic version of this document through your own Internet connection or by contacting the Procurement Manager and scheduling an appointment. The library contains information listed below: New Mexico State Purchasing Division includes links to Procurement Regulations and Request for Proposal and is available at: http://www.generalservices.state.nm.us/SPA/. State Purchasing Vendor Registration available at: http://www.generalservices.state.nm.us/statepurchasing/Policies.aspx Additional 21st CCLC specific resources include: http://www2.ed.gov/programs/21stcclc/index.html http://www2.ed.gov/programs/21stcclc/guidance2003.pdf http://www.ped.state.nm.us/21C/index.html http://wwwhttp://ppics.learningpt.org/ http://www2.ed.gov/policy/fund/reg/fbci-reg.html The grade report for every public school is available online via an interactive map where parents and students can browse by school district. This online map is located at http://webapp.ped.state.nm.us/SchoolGrading. Request For Proposal – 21st Century Community Learning Centers 2012 11 Information concerning afterschool meals and snacks can be found at www.nmappleseed.org/ Request For Proposal- 21st Century Community Learning Centers 2012 12 II. CONDITIONS GOVERNING THE PROCUREMENT This section of the RFP contains the schedule for the procurement and describes the major procurement events as well as the conditions governing the procurement. A. SEQUENCE OF EVENTS The Procurement Manager will make every effort to adhere to the following schedule: Action 1. Issue of RFP 2. Pre-Proposal Conference 3. Acknowledgement Distribution List Response 4. Deadline To Submit Additional Written Questions 5. Response to Written Questions/RFP Amendments 6. Submission of Proposal 7. Proposal Evaluation 8. Selection of Finalists 9. Best and Final Offers from Finalists 10. Negotiation & Finalize Contract 11. Contract Award 12. Protest Deadline Responsibility Agency State Purchasing Agency Potential Offerors Potential Offerors Date 1/2/2013 Potential Offerors 1/21/2013 Agency 1/25/2013 Offerors Evaluation Committee Evaluation Committee Offerors 2/13/2013 2/14/2013 to 2/21/2013 2/22/2013 3/1/2013 – 3/7/2013 Agency Offeror SPA Offerors 3/11/2013 – 4/12/2013 1/24/2013 1/25/2013 4/12/2013* 4/27/2013 or 15 Days after the Award *Successful offerors may elect to start the multi-year contract on July 1, 2013 without any reduction in awarded funds. B. EXPLANATION OF EVENTS The following paragraphs describe the activities listed in the sequence of events shown in Section II, Paragraph A. 1. Issue of RFP This RFP is being issued by the New Mexico State Purchasing Division on behalf of the Public Education Department. The RFP may be viewed and downloaded at http://www.generalservices.state.nm.us/statepurchasing/ or at http://www.ped.state.nm.us/ped/rfps.html. Request For Proposal – 21st Century Community Learning Centers 2012 13 2. Pre-Proposal Conference A Pre-Proposal Conference will be held January 24, 2013 from 1:00 PM to 4:00 Mountain Time in Mabry Hall at the address below: Public Education Department Jerry Apodaca Building 300 Don Gaspar Santa Fe, NM Potential offerors are encouraged to submit written questions in advance of the conference, no later than Friday, January 21, 2013, to the Procurement Manager (See Section, I, Paragraph E). The identity of the organization submitting the question(s) will not be revealed. Additional written questions may be submitted at the conference. A public log will be kept for the names of potential offerors that attended the Pre-Proposal Conference. Attendance at the Pre-Proposal Conference is not a mandatory requirement for submission of a proposal. 3. Distribution List Response Potential offerors should hand deliver or return by facsimile or by registered or certified mail the Acknowledgement of Receipt/Letter of Interest Form that accompanies this document (See Appendix A) to have their organization placed on the procurement distribution list. This form should be signed by an authorized representative of the organization, dated, and returned by close of business in accordance with Section II, A. Sequence of Events above, to the Procurement Manager. The procurement distribution list will be used for the distribution of written responses to questions and any RFP amendments. Failure to return this form shall constitute a presumption of receipt and rejection of the RFP, and the potential Offeror’s organization name shall not appear on the distribution list. 4. Deadline to Submit Additional Questions Potential Offerors may submit additional written questions as to the intent or clarity of this RFP until close of business in accordance with Section II, A. Sequence of Events above. All written questions must be addressed to the Procurement Manager (See Section I, Paragraph E). 5. Response to Written Questions/RFP Amendments Written responses to written questions and any RFP amendments will be distributed in accordance with Section II, A. Sequence of Events, to all potential offerors whose organization name appears on the procurement distribution list. An Acknowledgement of Request For Proposal – 21st Century Community Learning Centers 2012 14 Receipt Form will accompany the distribution package. The form should be signed by the Offeror’s representative, dated, and hand-delivered or returned by facsimile or by registered or certified mail by the date indicated thereon. Failure to return this form shall constitute a presumption of receipt and withdrawal from the procurement process. Therefore, the Offeror’s organization name shall be deleted from the procurement distribution list. Additional written requests for clarification of distributed answers and/or amendments must be received by the Procurement Manager no later than two (2) days after the answers and/or amendments were issued. 6. Submission of Proposals All Offeror proposals must be received for review and evaluation by the State Purchasing Division, c/o Debra Saiz, ITBA, Joseph Montoya Building, 1100 St. Francis Drive, Room 2016, Santa Fe, NM 87505 no later than 2:00 PM Mountain Time on Wednesday,February 13, 2013. Proposals received after this deadline will not be accepted. The date and time will be recorded on each proposal. Proposals must be addressed and delivered to the State Purchasing Division at the address listed in Section I, Paragraph E. Proposals must be sealed and labeled on the outside of the package to clearly indicate a response to the “21st Century Community Learning Centers” Request for Proposals #30924-12-15677. Proposals submitted by facsimile will not be accepted. A public log will be kept of the names of all offeror organizations that submitted proposals. Pursuant to §13-1-116 NMSA 1978, the contents of any proposal shall not be disclosed to competing offerors prior to contract award. 7. Proposal Evaluation The evaluation of proposals will be performed by an evaluation committee appointed by Agency management. The evaluation process will take place in accordance with Section II, A. Sequence of Events. During this time, the Procurement Manager may initiate discussion with offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals, but proposals may be accepted and evaluated without such discussion. Discussions shall not be initiated by the offerors. 8. Selection of Finalists The evaluation committee will select and the Procurement Manager will notify the finalist offerors in accordance with Section II, A. Sequence of Events. Only finalists will be invited to participate in the subsequent steps of the procurement. 9. Best and Final Offers From Finalists Finalist offerors may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers in accordance with Section II, A. Sequence of Events no later Request For Proposal – 21st Century Community Learning Centers 2012 15 than 2:00 PM Mountain Time. Best and final offers may be clarified and amended upon SPA/PED consultation. 10. Finalize Contract Award The contract will be finalized with the most advantageous Offeror in accordance with Section II, A. Sequence of Events. In the event that mutually agreeable terms cannot be reached within the time specified, the Agency reserves the right to finalize a contract with the next most advantageous Offeror without undertaking a new procurement process or to cancel the award. 11. Contract Awards After review of the evaluation committee report, the recommendation of the Agency management, and the signed contract, the SPA will award the contract in accordance with Section II, A. Sequence of Events. The contracts shall be awarded to the Offerors whose proposal is most advantageous, taking into consideration the evaluation factors set forth in the RFP. The most advantageous proposal may or may not have received the most points. The award is subject to appropriate State approvals. 12. Protest Deadline Any protest by an offeror must be timely and in conformance with §13-1-172 NMSA 1978 and applicable procurement regulations. The fifteen (15)-day protest period for responsive offerors shall begin on the day following the contract award and will end as of 2:00 PM Mountain Time 15 days after the contract award. Protests must be written and must include the name and address of the protestor and the request for proposals number. It must also contain a statement of grounds for protest including appropriate supporting exhibits, and it must specify the ruling requested from the State Purchasing Agent. The protest must be delivered via express mail to: Larry Maxwell State Purchasing Agent Joseph Montoya Building 1100 St. Francis Drive, Room 2016 Santa Fe, NM 87505 Protests received after the deadline will not be accepted. C. GENERAL REQUIREMENTS This procurement will be conducted in accordance with the State Purchasing Agent’s procurement code regulations, 1.4.1 NMAC. Request For Proposal – 21st Century Community Learning Centers 2012 16 1. Acceptance of Conditions Governing the Procurement Offerors must indicate their acceptance of the Conditions Governing the Procurement section in the letter of transmittal. Submission of a proposal constitutes acceptance of the Evaluation Factors contained in Section V of this RFP. 2. Incurring Cost Any cost incurred by the offeror in preparation, transmittal, presentation of any proposal or material submitted in response to this RFP shall be borne solely by the offeror. 3. Prime Contractor Responsibility Any contract that may result from the RFP shall specify that the prime contractor is solely responsible for fulfillment of the contract with the Agency. The Agency will make contract payments only to the prime contractor. 4. Subcontractors Use of subcontractors must be clearly explained in the proposal, and major subcontractors must be identified by name. The prime contractor shall be wholly responsible for the entire performance whether or not subcontractors are used. 5. Amended Proposals An offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. The Agency personnel will not merge, collage, or assemble proposal materials. 6. Offeror’sRights to Withdraw Proposal Offerors will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The offeror must submit a written withdrawal request signed by the Offeror’s duly authorized representative addressed to the Procurement Manager. The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulations. 7. Proposal Offer Firm Responses to this RFP, including proposal prices, will be considered firm for one hundred twenty (120) days after the due date for receipt of proposals or ninety (90) days after receipt of a best and final offer if one is submitted. Request For Proposal – 21st Century Community Learning Centers 2012 17 8. Disclosure of Proposal Contents The proposals will be kept confidential until a contract is awarded. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for the material that is proprietary or confidential. The Procurement Manager will not disclose or make public any pages of a proposal on which the offeror has stamped or imprinted “proprietary” or “confidential” subject to the following requirements. Proprietary or confidential data shall be readily separable form the proposal in order to facilitate eventual public inspections of the non-confidential portion of the proposal. Confidential data are normally restricted to confidential financial information concerning the Offeror’s organization and data that qualify as a trade secret in accordance with the Uniform Trade Secrets Act [§57-3A-1 to 57-3A-7 NMSA 1978]. The price of products offered or the cost of services proposed shall not be designated as proprietary or confidential information. If a request is received for disclosure of data for which an offeror has made a written request for confidentiality, the State Purchasing Agent shall examine the Offeror’s request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data. 9. No Obligation The procurement in no manner obligates the State of New Mexico or any of its agencies to the eventual rental, lease, purchase, etc., of any equipment, software, or services offered until a valid written contract is awarded and approved by appropriate authorities (including the DoIT, State Purchasing Division, DFA/CRB and Federal authorities). 10. Termination This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the Agency determines such action to be in the best interest of the State of New Mexico. 11. Sufficient Appropriation Any contract awarded as a result of the RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the contractor. The Agency’s decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final. 12. Legal Review The Agency requires that all offerors agree to be bound by the General Requirements contained in this RFP. Any offeror concerns must be promptly brought to the attention of the Procurement Manager. Request For Proposal – 21st Century Community Learning Centers 2012 18 13. Governing Law This procurement and any agreement with offerors that may result shall be governed by the laws of the State of New Mexico. 14. Basis for Proposal Only information supplied by the Agency in writing through the Procurement Manager or in this RFP should be used as the basis for the preparation of offeror proposals. Current and updated information regarding this procurement is available on the State Purchasing web site at http://www.generalservices.state.nm.us/SPA. 15. Contract Terms and Conditions The contract between the Agency and a contractor will follow the format specified by the Agency and contain the terms and conditions set forth in Appendix B, “Agreement Terms and Conditions.” However, the Agency reserves the right to negotiate with a successful offeror provisions in addition to those contained in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful Offeror’s proposal will be incorporated into and become part of the contract. Should an offeror object to any of the Agency’s terms and conditions, as contained in this Section or in Appendix B, that offeror must propose specific alternative language. The Agency may or may not accept the alternative language. General references to the Offeror’s terms and conditions or attempts at complete substitutions are not acceptable to the Agency and will result in disqualification of the Offeror’s proposal. Offerors must provide a brief discussion of the purpose and impact, if any, of each proposed changed followed by the specific proposed alternate wording. 16. Offeror’sTerms and Conditions Offerors must submit with the proposal a complete set of any additional terms and conditions that they expect to have included in a contract negotiated with the agency. 17. Contract Deviations Any additional terms and conditions that may be the subject of negotiation will be discussed only between the Agency and the selected Offeror and shall not be deemed an opportunity to amend the Offeror’s proposal. 18. Offeror Qualifications The evaluation committee may make such investigations as necessary to determine the ability of the offeror to adhere to the requirements specified within this RFP. Request For Proposal – 21st Century Community Learning Centers 2012 19 The Evaluation committee will reject the proposal of any offeror who is not a responsible offeror or fails to submit a responsive offer as defined in §13-1-83 and §13-1-85 NMSA 1978. 19. Right to Waive Minor Irregularities The evaluation committee reserves the right to waive minor irregularities. The evaluation committee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals fail to meet the same mandatory requirements and/or doing so does not otherwise materially affect the procurement. This right is at the sole discretion of the evaluation committee. 20. Change in Contractor Representatives The agency reserves the right to require a change in contractor representatives if the assigned representatives are not, in the opinion of the Agency, meeting its needs adequately. 21. Notice The Procurement Code, §13-1-28 through §13-1-199 NMSA, imposes civil and misdemeanor criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities, and kickbacks. 22. Agency Rights The Agency reserves the right to accept all or a portion of an Offeror’s proposal including the right to purchase software or services from SPA approved price agreements. 23. Right to Publish Throughout the duration of this procurement process and contract term, potential offerors, offerors, and contractors must secure from the Agency written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement or the subsequent contract. Failure to adhere to this requirement may result in disqualification of the Offeror’s proposal or termination of the contract. 24. Ownership of Proposals All documents submitted in response to the RFP shall become the property of the Agency and the State of New Mexico. 25. Confidentiality Any confidential information provided to, or developed by, the contractor in the performance of the contract resulting from this RFP shall be kept confidential and shall not be made Request For Proposal – 21st Century Community Learning Centers 2012 20 available to any individual or organization by the contractor without the prior written approval of the Agency. The Contractor(s) agree to protect the confidentiality of all confidential information and not to publish or disclose such information to any third party without the procuring Agency's written permission. Offeror must complete the Statement Of Confidentiality Form (Appendix J) This signed unaltered form must be submitted with your proposal accompanied by the required statement. 26. Electronic Mail Address Required A large part of the communication regarding this procurement will be conducted by electronic mail (e-mail). Offeror must have a valid e-mail address to receive this correspondence. (See also Section II, B., #5, Response to Written Questions/RFP Amendments) 27. Use of Electronic Versions of this RFP This RFP is being made available by electronic means. If accepted by such means, the Offeror acknowledges and accepts full responsibility to insure that no changes are made to the RFP. In the event of conflict between a version of the RFP in the Offeror’s possession and the version maintained by the SPA, the version maintained by the SPA shall govern. Please refer to: http://www.generalservices.state.nm.us/SPA. 28. New Mexico Employees Health Coverage a) For all contracts solicited and awarded on or after January 1, 2008: If the offeror has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, offeror must agree to: 1. Have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2008 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed one million dollars or; 2. Have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2009 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $500,000 dollars or 3. Have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2010 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars. b) Offeror must agree to maintain a record of the number of employees who have (a) accepted health insurance; (b) decline health insurance due to other health insurance coverage already in place; or (c) decline health insurance for other reasons. These records are subject to review and audit by a representative of the state. Request For Proposal – 21st Century Community Learning Centers 2012 21 c) Offeror must advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web community learning center link to additional information http://insurenewmexico.state.nm.us/. d) For Indefinite Quantity, Indefinite Delivery contracts (price agreements without specific limitations on quantity and providing for an indeterminate number of orders to be placed against it); these requirements shall apply the first day of the second month after the offeror reports combined sales (from state and, if applicable, from local public bodies if from a state price agreement) of $250,000, $500,000 or $1,000,000. 29. Campaign Contribution Disclosure Form Offeror must complete, sign, and return the Campaign Contribution Disclosure Form (See Appendix H) as a part of their proposal. This requirement applies regardless whether a covered contribution was made or not for the positions of Governor and Lieutenant Governor. Failure to complete and return the form will result in disqualification. 30. Disclosure Any prospective Bidder/ Offeror (hereafter Offeror) and/or any of its Principals who seek to enter into a contract greater than twenty thousand dollars ($20,000.00) with any state agency or local public body for professional services, tangible personal property, services or construction agree to disclose whether they, or any principal of their company: a) Are presently debarred, suspended, proposed for debarment, or declared ineligible for award of contract by any federal entity, state agency or local public body. b) Have within a three-year period preceding this offer, been convicted of or had civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public ( federal, state or local) contract or subcontract; violation of Federal or state antitrust statutes related to the submission of offers; or commission in any federal or state jurisdiction of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violation of Federal criminal tax law, or receiving stolen property. c) Are presently indicted for, or otherwise criminally or civilly charged by any (federal state or local) government entity with, commission of any of the offenses enumerated in paragraph B of this disclosure. d) Have preceding this offer, been notified of any delinquent Federal or state taxes in an amount that exceeds $3,000.00 of which the liability remains unsatisfied. 1. Taxes are considered delinquent if both of the following criteria apply: a. The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. Request For Proposal – 21st Century Community Learning Centers 2012 22 In the case of a judicial challenge of the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. b. The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. e) Have within a three year period preceding this offer, had one or more contracts terminated for default by any federal or state agency or local public body. Principal, for the purpose of this disclosure, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity or related entities. The Offeror shall provide immediate written notice to the Procurement Manager or Buyer if, at any time prior to contract award, the Offeror learns that its disclosure was erroneous when submitting or became erroneous by reason of changed circumstances. A disclosure that any of the items in this requirement exist will not necessarily result in withholding an award under this solicitation. However, the disclosure will be considered in the determination of the Offeror’s responsibility. Failure of the Offeror to furnish a disclosure or provide additional information as requested will render the Offeror nonresponsive. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the disclosure required by this document. The knowledge and information of an Offeror is not required to exceed that which is the normally possessed by a prudent person in the ordinary course of business dealings. The disclosure requirement provided is a material representation of fact upon which reliance was placed when making an award and is a continuing material representation of the facts. If during the performance of the contract, the contractor is indicted for or otherwise criminally or civilly charged by any government entity (federal, state or local) with commission of any offenses named in this document the contractor must provide immediate written notice to the Procurement Manager or Buyer. If it is later determined that the Offeror knowingly rendered an erroneous disclosure, in addition to other remedies available to the Government, the State Purchasing Agent or Central Purchasing Officer may terminate the involved contract for cause. Still further the State Purchasing Agent or Central Purchasing Officer may suspend or debar the contractor from eligibility for future solicitations until such time as the matter is resolved to the satisfaction of the State Purchasing Agent or Central Purchasing Officer Request For Proposal – 21st Century Community Learning Centers 2012 23 III. RESPONSE AND ORGANIZATION A. NUMBER OF RESPONSES Eligible applicants may submit a single application on behalf of one or more targeted schools in one or more school districts or communities. B. NUMBER OF COPIES Offerors shall provide 1 original and four (4) identical copies of the proposal to the location specified in Section I, E. Procurement Manager on or before the closing date and time for receipt of proposals. C. PROPOSAL FORMAT 1. Format Specifications All proposals must be: a) Typewritten. b) 12-point font, no font specification. c) On standard 8 ½ x 11 paper. d) Double-spaced with 1 inch margins. e) Charts and graphs may be single-spaced. f) Single-sided in a portrait setting. g) Charts or graphs within the narrative response may be single spaced. h) 25 page maximum for the narrative response for Parts I through IV. (This limit does not include required forms or attachments.) Submission of more than 25 pages in the narrative response will not be read or scored by the evaluation committee. Pages should be numbered for the narrative section only. The original must be placed within a binder with tabs delineating the following response categories: 1) Cover Information; 2) Narrative; 3) Budget/Justification; and 4) Attachments. The original must include original signatures where required. The four identical copies should not be in binders, but must be: 1) in order; 2) pages secured together; and 3) have labeled sheets of paper delineating each section. The proposal must also be submitted via two (2) CDs that contain the entire RFP in Word format, broken down and labeled as indicated below: 1. Cover Information  File Name: Project Summary  File Name: Table of Contents 2. Narrative The narrative folder will have four sub-folders:  Part I: Eligible Applicant Specifications File Name: Section A-Need for Project Request For Proposal – 21st Century Community Learning Centers 2012 24 File Name: Section B-Organization Experience  Part II: Quality Project Design File Name: Section A-Adequacy of Resources File Name: Section B-Partnerships File Name: Section C-Student and Family Engagement File Name: Section D–Proposed Activities  Part III: Quality Management Plan File Name: Section A-Management Structure File Name: Section B-Resource Allocation File Name: Section C-Safe and Structured Environment File Name: Section D–Staff Professional Development File Name: Section E-Fiscal Accountability  Part IV: Quality Project Evaluation File Name: Section A-Data Entry Structure File Name: Section B-Data Collection File Name: Section C-Continuous Quality Improvement 3. Budget / Justification Names of the files in this folder will be :  File Name: Cost Formula  File Name: Budget Justification Form 4. Attachments  File Name: Formal Partnership Agreements  File Name: Hours of Operation and Activity Schedule  File Name: 21st CCLC Assurance  File Name: Campaign Contribution Disclosure Form  File Name: New Mexico Employee Health Coverage Form  File Name: Statement of Confidentiality Separate all confidential information in a file labeled Confidential. Do not: a) Bind the proposals. b) Submit DVDs, newspaper clippings, agency manuals or any other non-required documentation. c) Submit via email or facsimile. 2. Proposal Organization The proposal must be organized and indexed in the following format and must contain, at a minimum, all listed items in the sequence indicated: Request For Proposal – 21st Century Community Learning Centers 2012 25 Cover Information No page limit. Do not number pages. Project Summary Table of Contents Use supplied form only. (See Appendix C) Narrative Total pages limited to 25 maximum for the Narrative, inclusive of Parts I - IV. Pages must be numbered. Narrative Part I: Eligible Applicant Specifications Section A. Need for Project Section B. Organization Experience Narrative Part II: Quality Project Design Section A. Adequacy of Resources Section B. Partnerships Section C. Student and Family Engagement Section D. Proposed Activities Narrative Part III: Quality Management Plan Section A. Management Structure Section B. Resource Allocation Section C. Safe and Structured Environment Section D. Staff Professional Development Section E. Fiscal Accountability Narrative Part IV: Quality Project Evaluation Section A. Data Entry Structure Section B. Data Collection Section C. Continuous Quality Improvement Budget / Justification No page limit. Do not number pages. Use supplied form only. (See Appendix D) Cost Formula Use supplied form only. (See Appendix E) Budget Justification Form Attachments Formal Partnership Agreements NOTE: Private schools must demonstrate % of free and reduced lunch students and low performing status by including documentation in the Attachments. Use supplied form only. (See Appendix F) Hours of Operation and Activity Schedule st Use supplied form only. (See Appendix G) 21 CCLC Assurances Use supplied form only. (See Appendix H) Campaign Contribution Disclosure Form Use supplied form only. (See Appendix I) New Mexico Employee Health Coverage Form Use supplied form only. (See Appendix J) Statement of Confidentiality Form Within each section of their proposal, offerors should address the items in the order in which they appear in the above chart. All forms provided in the RFP must be thoroughly completed and included in the appropriate section of the proposal. Any proposal that does not adhere to these requirements may be deemed non-responsive and rejected on that basis. Request For Proposal – 21st Century Community Learning Centers 2012 26 IV. SPECIFICATION A. INFORMATION 1. Agency Resources PED resources will include staff monitoring, consultation and guidance to the contractor in meeting the expectations of the Agency in providing students with exceptional out-of-school time learning and developmental opportunities in high-poverty areas and low-performing schools as identified by PED. 2. Work Performance For the purpose of preparing proposals, Offerors are to assume that community learning center work will be performed at an Offeror-proposed and Agency-approved community learning centers in New Mexico. Contractor management staff and center staff will be expected to attend management meetings with state staff as requested by the 21st CCLC State Coordinator. 3. Hours of Operation Community learning centers may offer services during non-school hours or periods when school is not in session; to support expanded learning time during the school day: or both. Non-school hours may include before school, evenings, weekends, holidays, summers, or other school vacation periods. Each school/community should base its application on the needs of its students and their families. To best serve the children of working families, centers should consider establishing consistent and dependable hours of operation. This includes supporting families by having the program start the first week of school and continuing through the last week of the school year. 4. Snacks and Meals 21st CCLC funds may not be used to buy food for snacks or meals provided at the center. Many community learning centers are eligible to receive funds through the USDA Food and Nutrition Service for afterschool snacks, as well as provide meals. These snacks and meals can contribute to the nutritional services provided in community learning centers. Local communities can also participate in USDA’s Summer Food Service program. Consideration of obtaining meals for older students is advisable to meet the increased nutritional needs of these students. 5. School - Community Partnerships To ensure that the learning centers are high quality, creative and maximize the potential of each local community, strong partnerships that emphasize collaboration, data and resource sharing, communication and alignment between schools and the supporting public or private Request For Proposal – 21st Century Community Learning Centers 2012 27 entities should be at the core of community learning center programs. Meaningful, active collaboration at all levels increase the likelihood of success including: shared planning and design of the program; identified roles for the partners; use of facilities; specialized activities; transportation; strategies for communication with administrators, teachers and parents; administering needs assessments; alignment of programming with student individual needs and the school day learning; securing snacks and meals; fiscal management; and data sharing. By bringing together community organizations with school districts, centers can take advantage of multiple resources in the community. Community learning centers can offer residents in the community an opportunity to volunteer their time and their expertise to help students achieve academic standards and master new skills. Collaboration can also ensure that the children attending a learning center benefit from the collective resources and expertise throughout the community. For example, community learning centers that partner with a county hospital, the local church, and a printing company in the community might more easily offer health care information, have church volunteers serving snacks for the program, and promote the program with free copying services. Successful community learning centers support student achievement through programming that complements the school day instruction. Programming provided will support local schools in preparing students with age-appropriate knowledge, attitudes and behaviors to succeed at college, in a career and in life. A 21st Community Learning Center program can be an important component in a school improvement plan, particularly as it offers additional learning time to help children meet state and local academic standards. Local centers must ensure that the academic services they provide are aligned with the school’s curriculum in the core subject areas. Key elements of a successful school/community partnership include: a) A signed legal agreement that addresses roles, processes and relationships that include the superintendent or designee and the principal of each school involved. b) Linkage of the afterschool program with school day instruction for academic purposes. c) Shared recruitment of students. d) Shared data that supports the planning and evaluation of the project. e) Mechanisms for communication between participating parties to plan, align processes and meet the required State deliverables. f) Shared staff development opportunities. g) Shared resources such as libraries, computer labs, school space, etc. h) Coordinated transportation for students. 6. Program Sustainability Informing the parents, school administration and community stakeholders about the community learning centers supports future sustainability of the program after state funding ceases. Request For Proposal – 21st Century Community Learning Centers 2012 28 Effective communication is about: 1) conveying a considered and specific message; 2) using particular tools; 3) targeting specific audiences; and 4) identifying deliberate purposes. Program sustainability activities are on-going and should start at the beginning of a project. 7. Private School Engagement A public school or other public or private organization that is awarded a grant must provide equitable services to private school students and their families. A plan must be implemented to approach private schools in the area of a proposed 21st CCLC, regardless of the private school’s low performing or low income status, to allow students in those private schools to attend an established 21st CCLC. NM interprets this to mean those private school students would be brought to the 21st CCLC to participate in the services. Private school officials must be consulted during the design and development of the community learning center program on issues such as how the children's needs will be identified and what services will be offered. Services and benefits provided to private school students must be secular, neutral, and non-ideological. 8. Student and Family Engagement Community learning centers should focus on reaching the most at-risk students to ensure that resources are appropriately directed to students most in need of additional supports. Recruitment strategies must target specific students who will benefit most from program participation. This includes employing transportation strategies to enable sufficient participation, policies to address chronically absent participants, connecting with the community partners to assist with recruitment, and seeking input from school day personnel on how to target recruitment efforts. Additionally, studies have shown that frequency and duration of participation matter; the more students participate, the more likely they are to show academic and social gains. In addition, community learning centers should maintain parental choice and family engagement. Quality programs succeed because parents and children choose to attend. This forces programs to ensure that the learning is meaningful, engaging and relevant, particularly for older children and youth. A wide body of research points to active parent involvement in their children’s education as a factor in student success, and community-based organizations partnering with schools can help facilitate that involvement. Students, teachers, and other educational personnel are eligible to participate in community learning center programs on an equitable basis. 9. Intentional Programming The best programs are structured with explicit goals and activities designed with these goals in mind. For instance, program goals might address improving a specific set of social skills, building on previous knowledge, meeting age-specific developmental needs or maximizing engagement in school. Intentional alignment with school instruction allows struggling students to catch up to their classmates, while helping all students hone the skills necessary Request For Proposal – 21st Century Community Learning Centers 2012 29 for success in school. Activities should address the needs of school and communities by meeting the needs addressed in the needs assessment. 21st CCLC activities should be used to enhance and complement—but not replicate— learning that takes place during the traditional school day. Quality learning opportunities provide children and youth with hands-on, student-centered learning that motivates and inspires them. These meaningful learning experiences complement but do not replicate the traditional school day and take place in an environment that is less stressful than the traditional school day. Engaged learning should provide opportunities for a wide variety of activities, including, but not limited to mentoring, tutoring, internships, apprenticeships, individualized learning, college and career exploration and even jobs. Activities must address the needs of schools and communities, be continuously evaluated using performance measure and – if appropriate - be based on scientific research. Each eligible organization that receives an award may use the funds to carry out a broad array of activities that advance student achievement, including: a) Remedial education activities and academic enrichment learning programs, including providing additional assistance to students to allow the students to improve their academic achievement. b) Mathematics and science education activities. c) Arts and music education activities. d) Entrepreneurial education programs. e) Tutoring services (including those provided by senior citizen volunteers) and mentoring programs. f) Programs that provide after-school activities for limited English proficient students that emphasize language skills and academic achievement. g) Recreational activities. h) Telecommunications and technology education programs. i) Expanded library service hours. j) Programs that promote parental involvement and family literacy. k) Programs that provide assistance to students who have been truant, suspended, or expelled, to allow the students to improve their academic achievement. l) Drug and violence prevention programs, counseling programs, and character education programs. (Title IV, Part B, Sec .4205(a)) Academic enrichment can include tutoring in core academic subjects, and provide extra learning opportunities that provide students with ways to practice their academic skills through engaging, hands-on activities. Such activities might include: chess clubs, to foster critical thinking skills, persistence and other positive work habits; theatre programs, to encourage reading, writing and speaking as well as teamwork, goal-setting and decisionmaking; book clubs, to encourage reading and writing for pleasure; cooking programs, to foster application of reading, writing, math and science skills; poetry contests and slams, to encourage reading, writing and speaking; woodworking programs, to encourage planning, measurement, estimation and other calculation skills; and computer clubs, including newspaper publishing, to promote writing, editing and knowledge of and comfort with technology. Request For Proposal – 21st Century Community Learning Centers 2012 30 Community learning centers should have strong systems of communication between the school and the program and designate a person to support the alignment through joint planning with the school, having a shared vision of success and participating in joint professional development experiences. 10. Student Physical Well-Being For a successful 21st CCLC program, it is necessary to have enough space, supervision and psychological and physical security. With the comfort and freedom these factors provide, students can focus solely on the task at hand. In addition to physical safety, the best programs provide opportunities for physical activity and access to nutritious meals and snacks that otherwise might be unavailable. Studies have shown that improving a student's physical well-being can build higher self-esteem, leading kids to participate with greater frequency and confidence. 11. Prepared Staff To sustain a quality program, staff and volunteers who will be involved in the program should be provided with ongoing professional development and learning opportunities, to both ensure that they interact appropriately with students, and also to prevent high rates of student turnover. Staff training should focus on youth development, including how to work with children, how to negotiate and how to address the need of children of different ages, races, cultures and children with disabilities. Forming healthy relationships with program staff can lead to a positive emotional climate for students, allowing them to feel comfortable learning and exploring. Factors that serve as a catalyst for establishing these bonds are a small (1-12) staff-child ratio and a well-prepared and compensated staff. Professional development in both content areas and youth development contribute to staff becoming role models and informal mentors for young people. Positive youth development refers to a philosophy and approach to working with young people that recognizes that: 1) multiple domains of youth peoples’ development – cognitive, social, emotional, physical and moral-are interconnected; 2) all young people have strengths and prior knowledge that serve as a platform for subsequent development; and 3) young people are active agents of their own growth and development. Professional development can also give staff ideas for enrichment and hands-on activities, greater expertise in academic subject matter, knowledge in how to assess student progress and strategies for implementing the different program component of academics, enrichment and recreation. Staff should be given planning time dedicated to discussion of and planning for the center activities. This planning time may include school administration and teachers so as to align activities with the school day. 12. Supplemental Funding Community learning centers are encouraged to identify other sources of related funding and to actively seek resources that can be combined or coordinated to offer a high-quality, sustainable Request For Proposal – 21st Century Community Learning Centers 2012 31 program. Each application must identify federal, state, and local programs that also offer related services and that will be combined or coordinated with the proposed program to make the most effective use of public resources. However, 21st CCLC funds awarded to grantees must be used only to supplement the federal, state, local, and other non-Federal funds and not to replace funds that would have been available to conduct activities if 21st CCLC funds had not been available. 13. Fiscal Accounting PED has established practices that support rigorous accountability including the Operating Budget Management System (OBMS), a fiscal accounting system. All successful Offerors will be required to participate in the OBMS. Function Codes: 21st CCLC funding will be allocated and approved per the following function codes. Not all codes will apply to all situations. A function is a group of related activities aimed at accomplishing a major service or program. The function describes the activity for which a service or material object is acquired. Function: Title: Description: 1000 Instruction 2000 Support Services 3000 Operation of NonInstructional Services Instruction includes the activities dealing directly with the interaction between instructors and students. This includes: payment of staff; textbooks; instructional technology; prorated cost of teaching duties of administrators and other staff; and instructor training and travel, instructional coaches. Support services provided administrative, technical and logistical support to facilitate and enhance instruction. 2100 Support Services-Students: attendance and social work services, guidance services, health services, psychological services, speech pathology and audiology services, occupational therapy, and other student-related support services. 2200 Support Services- Instruction: library / media, instruction-related technology, academic student assessment. 2300 Support Services – General Administration: Activities concerned with establishing and administering policy for operating the program. 2400 Support Services – School Administration: Activities concerned with the overall administrative activities for a specific school. 2500 Central Services: Activities that support other administrative functions such as fiscal service, human resources, planning, printing and duplicating services, and administrative information technology. 2700 Student Transportation: Activities concerned with conveying students to and from school. This includes trips between home and school and trips to school activities. Activities concerned with providing non-instructional service to students, staff or the community. 3300 Community Services Operations: Activities concern with providing community service to students, staff, or other community participants including adult education and recreational opportunities. Administrative costs associated with 21st CCLC programming must not exceed 25% of the total budget. Administrative costs are generally defined as services that do not impact the student directly. For example, community learning center coordinators may also be instructors Request For Proposal – 21st Century Community Learning Centers 2012 32 in the center. Therefore a portion of the reimbursement and benefits would be allocated to Function 1000 for instruction and a portion would be allocated to Function 2400 for support services school administration. PED recommends that community learning center coordinators allocate 20% of their time to Function 2400, and this amount would be included in the 25% cap for the administrative costs. Required data software licensing costs must be included in the budget justification in the amount of $3,000.00 for each proposed 21st Century Center site. PED will identify a vendor to provide access to a software system that will support required data entry. All successful Offerors will be required to participate in the uniform software, and the estimated cost for the original licensure for the software is cited above. Once the vendor has been selected, PED will notify Offerors of the process to engage the software vendor and the exact costs, including potential annual maintenance fees. The software costs are to be included in the Cost/Budget Justification and be included in the administrative costs. 14. Continuous Quality Improvement and Evaluation Programs that employ management practices focused on continuous quality improvement have the most success in establishing and maintaining quality services. Frequent assessment, both informal and formal, and regular evaluation, both internal and external, are ingredients needed to refine and sustain expanded learning programs. PED has selected an on-line staff survey to support the annual evaluation of programs and also requires annual survey administration to students, parents and teachers. The USDE maintains a 21st CCLC data reporting system, Profile and Performance Information Collection System (PPICS), into which all centers’ data will be imported to be in compliance with the federal Annual Performance Reports (APR). PED has opted to have a state vendor upload the data into PPICS. This occurs once a year after the centers key their data in the vendor software (see IV, A., #13 Fiscal Accounting) The types of data collected in PPICS to meet the APR requirements includes: a) Levels of funding. b) Extent of community partnerships. c) Basic center operations. d) Rates of student attendance. e) Staffing configurations. f) Activities offered by the centers. g) Changes in state assessment scores among attending students. h) Improved classroom behavior of attending students. PED will evaluate the effectiveness of programs and activities using performance indicators and measures derived from PPICS, CQI processes and surveys. PED will also carry out public dissemination of the evaluations of programs and activities. Each year, participating organizations will collect data that will help them analyze and refine their program based on the impact of the activities. Programs with proven effectiveness are those that are most likely to be sustained. Request For Proposal – 21st Century Community Learning Centers 2012 33 15. Principles of Effectiveness The USDE has established the following Principles of Effectiveness that apply to the 21 st CCLC: a) An assessment of objective data regarding need for the before- and after-school programs (including during summer or other periods when school is not in session) and activities in the schools and communities. b) An established set of performance measures aimed at ensuring the availability of high-quality academic enrichment opportunities. c) If appropriate, scientifically based research that provides evidence that the program or activity will help students meet State and local student academic achievement standards. (Title IV, Part B, Sec.4205 (B)(1)) B. MANDATORY SPECIFICATIONS The PED has developed the following specifications to ensure that local programs are of the highest possible quality; appropriately tailored to address the needs of students and their families; and are consistent with the purpose, requirements, and priorities in the federal legislation (21st Community Learning Centers Non-Regulatory, F-25). In responding to the specifications below, offerors must demonstrate prior experience, or promise of success, in providing education or related activities (21st Community Learning Centers Non-Regulatory, F-14. The Evaluation Committee may make such investigations as necessary to determine the ability of the offeror to adhere to the requirements specified within this RFP. Failure to respond to Mandatory Specifications will result in the disqualification of the proposal as non-responsive. 1. Project Summary (Use supplied form only - Appendix C) a) Offeror Information: Identify the name of the Offeror (submitting organization). Identify any partnership organizations(s) with a formal role in the management of the program. Identify contact information for key personnel. Identify New Mexico contractor preference number, if applicable. b) Budget Request: Identify the total Year One budget request. c) Target School(s) Information: Identify the Local Education Agencies, if applicable, in which the proposed targeted school(s) reside, the names of the targeted school(s) and the local communities impacted. Provide the following detail for each targeted school(s): 1) Grade levels to be served. 2) Total school population. 3) Proposed location for the community learning center serving the school. 4) Projected number of students to be served in the first year of operation. Request For Proposal – 21st Century Community Learning Centers 2012 34 2. Narrative –Part I: Eligible Applicant a) Section A. Need for the Project: Briefly describe the Offeror’s experience in administering needs assessments. Describe the process for determining the learning and developmental opportunities needed by the students and families to be served at the targeted schools. Include results from needs assessments already implemented. Describe proposed future assessments. Describe how the Offeror has consulted with private school officials during the design and development of this project to identify how the private school students' needs will be identified and met. b) Section B. Organizational Experience: Briefly describe the Offeror’s history in providing services to students and families, especially as they relate to delivery of the proposed activities in the project design. Describe the Offeror’s experience in providing quality programming. Describe the Offeror’s experience in working with the communities in which the targeted schools reside. Describe the Offeror’s experience in working with schools. Describe the Offeror’s experience in managing similar projects. 3. Narrative –Part II: Quality Project Design a) Section A. Adequacy of Resources: 1) Staffing Infrastructure: Describe the staffing configuration for each community learning center. Address student-to-staff ratio and how each center will be coordinated. 2) Hours of Operation: Provide a written description of why the proposed hours of operation (cited in the Hours of Operation and Activity Schedule) for each center were selected and why they provide the best opportunity for service to the students and families. 3) Snacks and Meals: Describe how the USDA approved snacks and meals, as appropriate, will be provided using resources other than 21st CCLC funds. Describe how water, snacks and meals will be provided for activities outside of the center, such as field trips. 4) Fees: Describe the ability of the organization to serve students at no cost to the parents. 5) Transportation: Include in the narrative a Transportation Plan that addresses how students participating in the program will travel safely to and from the center and home. Include roles and responsibilities of partners and staff. b) Section B. Partnerships: 1) Community Partnerships: Describe the diverse stakeholders within each community that were involved in the planning of the project design, including but not limited to local private schools. Briefly describe the Offeror’s experience in working with available community resources, including but not limited to: 1) the schools and school district; 2) partnering with other agencies serving children; 3) securing volunteer staff; 4) receiving tangible resources that expand and enhance program delivery; and 5) partnerships that enhance sustainability and quality of services provided. Describe how the offeror will maintain an annual formal agreement (e.g. Memorandum of Understandings, contracts, etc) between the served LEA, Request For Proposal – 21st Century Community Learning Centers 2012 35 participating schools and the community partnerships developed on behalf of the 21st CCLC. 2) School Partnerships: Briefly describe the Offeror’s experience in working with schools. Demonstrate partnership(s) with the targeted school(s) served that addresses at a minimum: 1) links between the school day and programming provided in the centers; 2) include how administrative and teacher support of the community learning center will be secured; 3) sharing of resources such as facilities; 4) scheduling mechanisms for communication between participating parties; and 5) data sharing, as needed, to evaluate the center(s’) impact. Describe how the offeror will maintain an annual formal agreement (e.g. Memorandum of Understandings, contracts, etc) between the served LEA, participating schools and the community partnerships developed on behalf of the 21st CCLC. 3) Sustainability: Provide a Sustainability Plan that includes a timeline and specific activities provided by the offeror and the individual centers(s) that will promote and support how the community learning center(s) will continue after funding ends. Include roles and responsibilities of offerors, schools and staff. c) Section C. Student and Family Engagement: 1) Communication Plan: Provide a Communication Plan that includes a timeline and specific activities provided by the offeror and the individual centers(s). Address how information about the center(s) and their location(s) will be disseminated to the community in an understandable and accessible way, including meeting the needs of homeless, bi-lingual, Native American and private school parents. 2) Private School Inclusion: Include a Private School Plan that addresses how to provide equitable services and opportunities for participation to private school students within the service area. Include roles and responsibilities of the offeror, private school entities and staff. 3) Student Attendance: Briefly describe the Offeror’s experience in increasing and maintaining student attendance in a program. Describe how the center(s) will actively reach out to identify and recruit specific student populations, including but not limited to students who: are in the lowest 25% quartile; have disabilities; are homeless; are Native American; and are English Language Learners. Describe how the center(s) will ensure equitable opportunities for participation to private school students within the LEA’s service area. Describe how the center(s) will engage as many students as possible to attend for 30 or more days during the year for maximum benefit. 4) Family Involvement: Describe the Offeror’s experience in increasing and maintaining family involvement. Describe how the offeror will provide families, of participating students, literacy and other educational services. Describe how the center(s) will promote and support increased family and community involvement in student learning. d) Section D. Proposed Activities: 1) Balanced Programming: Briefly describe the Offeror’s experience in providing: 1) academic enrichment opportunities; 2) obesity prevention activities; 3) positive youth development activities; and 4) family literacy and education services. Demonstrate that offerings are aligned to both the needs assessment results described above and the school day. Describe what materials will be used and what expertise will be Request For Proposal – 21st Century Community Learning Centers 2012 36 secured to support the delivery of the activity. Describe how the proposed activities are innovative, interactive and research-based. 2) Struggling Readers: Briefly describe the Offeror’s experience in providing activities for struggling readers. Specifically describe how the center(s) will identify and provide support for struggling readers that align to the school day learning. Describe what materials will be used and what expertise will be secured to support the delivery of the activity. 3) Students with Disabilities: Briefly describe the Offeror’s experience in providing accommodations for students with disabilities. Describe how the center(s) will make accommodations and ensure that activities will be accessible to students with disabilities. Describe what materials will be used and what expertise will be secured to support the needs of the student. 4. Narrative –Part III: Quality Management Plan a) Section A. Management Structure: 1) Project Director: Identify the staff person, their management experience and what their role will be in providing oversight (i.e., achieving the established objectives, responding to state deliverables, ensuring data delivery requirements, among others). Describe how program management will ensure the achievement of outcomes and required state and federal deliverables, including but not limited to the federal data delivery requirements. 2) Center Coordination: Identify how the project director will support program implementation at each center. b) Section B. Resource Allocation: Briefly describe the Offeror’s experience in resource distribution. Describe how adequate staff will be made available and how the organization (s) will ensure equitability across multiple centers, if applicable. Describe how student resources will be made available and how the organization(s) will ensure equitability across multiple centers, if applicable. c) Section C. Safe and Structured Environment: Describe how you will provide emotionally safe learning environments with meaningful inclusion. Describe procedures and protocols that are in place to ensure secure and safe center environments. Describe procedures and protocols that are in place to ensure appropriate staffing, including background checks for paid staff and volunteers who work directly with students. How are staff and parents made aware of these procedures and protocols? d) Section D. Staff Professional Development: Briefly describe the Offeror’s experience in providing staff development. Describe how management will determine what professional development activities are needed by the center staff. Give examples of staff professional development needs assessments used in the past, as well as proposed future staff assessments. Describe how at least two annual quality professional development activities for all center staff will be provided. Identify resources the organization plans to use to support quality professional development. e) Section E. Fiscal Accountability: 1) Fiscal Manager: Identify the staff person, their fiscal experience and what their role will be in ensuring the appropriate use of funding. Request For Proposal – 21st Century Community Learning Centers 2012 37 2) Required Software: Identify the accounting software the organization will use to meet the required fiscal accountability to the state and federal government, including but not limited to the ability to produce a systems-generated report with each request for reimbursement that illustrates: 1) time/date; 2) budget categories of original, adjustments and current; 3) expenditure categories of current and year to date; 4) budget balance (budget minus expenditures); 5) encumbrances; 6) budget balance (budget minus [expenditures plus encumbrances]; and 6) budget balance percentage remaining. 3) Other Funds: List other funds that will be used to support the 21st CCLC project, if applicable. Describe how the funds appropriated will be used to supplement, and not supplant, other federal, state, and local public funds expended to provide programs and activities authorized under ESEA and other similar programs. 5. Narrative –Part IV: Quality Project Evaluation a) Section A. Data Entry Structure: Identify the staff person(s) who is responsible for each center(s) data entry into the required software system (to be identified by the state), their data entry experience and the single staff person who will provide oversight that the data is correct and entered in a timely manner. b) Section B. Data Collection: Briefly describe the Offeror’s experience in participating in evaluation processes for achieving specific program outcomes. Describe how the evaluation data obtained was used to improve the program or identify best practices. Describe how the organization will ensure and achieve the following data for the state comprehensive evaluation processes: 1) percentage of students attending the center(s) from the student population of targeted schools; 2) use of state student id numbers for data entry; 3) change in students' scores on comparable standardized assessment; 4) change in student school absenteeism; and 5) change in student promotion to higher level. Describe how the organization will work with the targeted schools and teachers, of students participating in the centers, to disseminate and obtain required teacher surveys. Describe how the organization will disseminate and obtain a high return rate for required student and parent surveys. c) Section C. Continuous Quality Improvement: Briefly describe the Offeror’s experience in identifying areas in need of improvement for program delivery and how those deficiencies were addressed. Describe how the organization will ensure that all staff, paid and volunteer, participates in the PED identified self-assessment survey. Describe how the results will be disseminated and to whom. Describe how the organization would ensure staff involvement in developing an improvement plan based on the data. Describe how the Offeror will utilize the data generated through the federal database, Profile and Performance Information Collection System (PPICS), to improve program delivery and inform key stakeholders. Identify who would be responsible and what the process would be for monitoring the implementation of the improvement plans. Request For Proposal – 21st Century Community Learning Centers 2012 38 6. Cost Formula Form The Offeror must determine and submit a Cost Formula Form. The Cost Formula Form determines the proposed cost per student to be served. The Offeror’s cost includes all costs associate with the delivery of a 21st CCLC program minus the transportation costs. The Offeror’s proposed Cost/Student will become a variable in the following standard evaluation formula: Offeror’s Points = Lowest Responsive Offeror Cost ----------------------------------------X Maximum Points This Offeror’s Cost The standard evaluation formula is required for procurement conducted under the authority of the SPA. 7. Budget Justification Form The Offeror must submit a detailed budget justification using the supplied form only. (See Appendix E) Staffing, resource and contract costs must be broken out so as to be able to identify the center being served, the cost per hour x the number of services hours/days, the cost per student for resources, etc. Management costs that apply to all centers such as director costs, clerical costs, etc., should also be identified as such. Clarity and detail to justify the each expense is expected. Budget pages are not included in the narrative page limit. 8. Formal Partnership Agreements The Offeror must include in the attachment section of the RFP a signed formal agreement(s) between participating schools (including LEAs if applicable) and any community partnership(s) developed on behalf of the 21st CCLC. The formal agreement must clearly define roles and responsibilities of the school and the other entities involved in the formal agreement. Formal agreements are not included in the narrative page limit. 9. Priority Points Extra points are given for joint submission between at least one local education agency and at least one public or private community organization. The Offeror must include a formal agreement that clearly states that it is a joint application, as well as addresses the jointly shared roles and responsibilities and demonstrates joint program management. Joint program management must also be reflected throughout the application. PED will assign the same priority to applications submitted by a LEA without community partners, if the LEA successfully demonstrates that it is unable to partner with a communitybased organization in reasonable geographic proximity and of sufficient quality to support the delivery of quality programming Request For Proposal – 21st Century Community Learning Centers 2012 39 10. Hours of Operation and Activity Schedule The Offeror must include in the attachment section of the RFP an Hours of Operation and Activity Schedule that demonstrates for each center: 1) hours of operation, including hours per day; days of the week; center start data and end date; school vacation day programming and summer programming; activities offered, when it will be offered and the amount of time devoted to the activity. Per USDE, summer hours of operation are grouped with the next school year’s hours of operation for reporting. Therefore, identified summer programming hours will part of Year Two of service for a successful Offeror (See Appendix F). This form is not included in the narrative page limit. 11. 21st Century Community Learning Centers Assurances The Offeror must agree with the terms and submit a signed Assurance Form that includes relevant signatures from school principals, school district superintendents and applicant partners. (See Appendix G) Submit separate assurance forms for separate school districts served. This form is not included in the narrative page limit. 12. Campaign Contribution Disclosure Form The Offeror must complete and include an unaltered Campaign Contribution Disclosure Form with the submittal of their proposal. (See Appendix H) This form is not included in the narrative page limit. 13. New Mexico Employees Health Coverage Form The Offeror must agree with the terms and submit a signed unaltered New Mexico Employees Health Coverage Form with the submittal of their proposal. (See Appendix I) This form is not included in the narrative page limit. 14. Statement of Confidentiality Form The Offeror must agree with the terms and submit a signed unaltered Statement of Confidentiality Form with the submittal of their proposal. (See Appendix J) This form is not included in the narrative page limit. Request For Proposal – 21st Century Community Learning Centers 2012 40 V. EVALUATION A. EVALUATION POINT TABLE/SUMMARY The following is a summary of Section IV specifications identifying points assigned to each item. These weighed factors will be used in the evaluation of Offeror proposals. Only finalist Offerors will receive points for an oral presentation and demonstration, as needed. Factor: Project Summary Eligible Applicant Specifications Quality Project Design Quality Management Plan Quality Project Evaluation Cost Formula Budget Justification Partnership Agreements Priority Points Hours of Operation and Activity Schedule 21st Century Community Learning Center Assurances Campaign Contribution Disclosure Form New Mexico Employee Health Coverage Form Statement of Confidentiality Total: Points Available: 0 (Mandatory) 200 200 200 100 50 100 50 50 50 0 (Mandatory) 0 (Mandatory) 0 (Mandatory) 0 (Mandatory) 1,000 B. EVALUATION FACTORS All Mandatory Factors will be evaluated on a “pass-fail” basis. Failure to include a Mandatory Factor will result in disqualification of the proposal. Points will be awarded on the basis of the following evaluation factors: 1. Eligible Applicant (200 points) Points will be awarded for the depth, breadth and value of the Offeror’s response in describing their experience and the documentation of the target population’s needs. 2. Quality Project Design (200 points) Points will be awarded, at a minimum, on the adequacy of the resources identified by the Offeror, including but not limited to the strengths of partnerships, student and family engagement, and proposed activities. Request For Proposal – 21st Century Community Learning Centers 2012 41 3. Quality Management Plan (200 points) Points will be awarded for the depth, breadth and value of the Offeror’s response in describing their management experience, their plan for resource allocation, addressing of safety issues, plan for staff professional development and expertise in fiscal accountability. 4. Quality Project Evaluation (100 points) Points will be awarded for the depth, breadth and value of the Offeror’s response in describing their experience in data collection, entry and use for program improvement. 5. Cost Formula (50 points) The Offeror’s cost includes all costs associated with the delivery of a 21st CCLC program minus the transportation costs. The Offeror’s proposed Cost/Student costs will become a variable in the following standard evaluation formula: Offeror’s Points = Lowest Responsive Offeror Cost ----------------------------------------This Offeror’s Cost X Maximum Points 6. Budget Justification (100 points) Points will be awarded based on the Offeror’s ability to convey, at a minimum, full understanding of developing a detailed line item budget with justification aligned to both the scope of work and program design. 7. Partnership Agreements (50 points) Points will be awarded based on the Offeror’s ability to establish and convey through formal agreements a broad variety of well-defined partnerships made on behalf of 21st Century Community Learning Centers. 8. Priority Points (50 points) Additional points will be awarded for an application that demonstrates a strong joint partnership submission for this proposal between at least one local education agency and at least one public or private community organization. PED will assign the same priority to applications submitted by a LEA without community partners, if the LEA successfully demonstrates that it is unable to partner with a communitybased organization in reasonable geographic proximity and of sufficient quality to support the delivery of quality programming. Request For Proposal – 21st Century Community Learning Centers 2012 42 9. Hours of Operation and Activity Schedule (50 points) Points will be awarded based on the Offeror’s ability to convey, at a minimum, the full understanding of the needs of the students to be served and the alignment of the scheduling of program hours and activities that are reflective of the needs of the targeted population and that meet the 21st CCLC program requirements. C. EVALUATION PROCESS The evaluation process will follow the steps listed below: 1. All Offeror proposals will be reviewed for compliance with the mandatory requirements stated within the RFP. Proposals deemed non-responsive will be eliminated from further consideration. 2. The Procurement Manager may contact the offeror for clarification of the response as specified in Section II, B-8. 3. The evaluation committee may use other sources of information to perform the evaluation. 4. Responsive proposals will be evaluated on the factors in Section V that have been assigned a point value. The responsive Offerors with the highest scores will be selected as finalist Offerors based upon the proposals submitted. Finalist Offeror’s who are asked or choose to submit revised proposals for the purpose of obtaining best and final offers will have their points recalculated accordingly. Points awarded from subsequent presentations will be added to the previously assigned points to attain final scores. The responsible offeror whose proposal is most advantageous to the Agency, taking into consideration the evaluation factors in Section V, will be recommended for contract award. Please note, however, that a serious deficiency in the response to any one factor may be grounds for rejection regardless of overall score. Request For Proposal – 21st Century Community Learning Centers 2012 43 APPENDIX A ACKNOWLEDGEMENT OF RECEIPT FORM / LETTER OF INTEREST (This form is not required, but ensures that the offeror will receive all public communications from the Procurement Manager, including amendments to the RFP or answers to submitted questions.) Request For Proposal – 21st Century Community Learning Centers 2012 44 ACKNOWLEDGEMENT OF RECEIPT FORM / LETTER OF INTEREST In acknowledgement of receipt of this Request for Proposal the undersigned agrees that he/she has received a complete copy, beginning with the title page and table of contents, and ending with Appendix K. The acknowledgement of receipt should be signed and returned to the Procurement Manager no later than close of business on January 25, 2013. Only potential offerors who elect to return this form completed with the intention of submitting a proposal will receive copies of all offeror written questions and the Agency’s written responses to those questions, as well as RFP amendments if any are issued. ORGANIZATION: REPRESENTED BY: TITLE: PHONE NO.: E-MAIL: FAX NO.: ADDRESS: CITY: STATE: SIGNATURE: ZIP CODE: DATE: This name and address will be used for all correspondence related to the Request for Proposal. Organization does /does not (circle one) intend to respond to this Request for Proposals. Angelo Jaramillo Procurement Manager Public Education Department 120 S. Federal Place, Room 206 Santa Fe, NM 87501 Phone: 505.827.3573 Fax: 505.827.1826 E-mail: Angelo.Jaramillo@state.nm.us Request For Proposal – 21st Century Community Learning Centers 2012 45 APPENDIX B CONTRACT / AGREEMENT TERMS AND CONDITIONS (Included as sample information only. Do not submit as part of the proposal) Request For Proposal – 21st Century Community Learning Centers 2012 46 STATE OF NEW MEXICO PUBLIC EDUCATION DEPARTMENT PROFESSIONAL SERVICES CONTRACT # THIS AGREEMENT is made and entered into by and between the State of New Mexico, Public Education Department, hereinafter referred to as the "Agency," and NAME OF CONTRACTOR, hereinafter referred to as the "Contractor,” and is effective as of the date set forth below upon which it is executed by the Department of Finance and Administration (“DFA”). IT IS AGREED BETWEEN THE PARTIES: 1. Scope of Work. A. The Contractor shall perform the following work: B. Performance Measures. Contractor shall substantially perform the following Performance Measures: 1. Provide a smarter return on New Mexico’s investment 2. Provide real accountability for real results 3. Ensure our students are ready for success 4. Provide effective options for parents The receipt of the deliverables contemplated under this Agreement shall assist the Agency in obtaining its goal(s) as set forth in its Strategic Plan on page(s) as located at http://ped.state.nm.us/NMPED%20Strategic%20Plan%202011_2012.pdf. (or reference an Attachment 1, see below) 2. Compensation. A. The Agency shall pay to the Contractor in full payment for services satisfactorily performed at the rate of dollars ($ ) per hour (OR BASED UPON DELIVERABLES, MILESTONES, BUDGET, ETC.), such compensation not to exceed (AMOUNT), excluding gross receipts tax. The New Mexico gross receipts tax levied on the amounts payable under this Agreement totaling (AMOUNT) shall be paid by the Agency to the Contractor. The total amount payable to the Contractor under this Agreement, including gross receipts tax and expenses, shall not exceed (AMOUNT). This amount is a maximum and not a guarantee that the work assigned to be performed by Contractor under this Agreement shall equal the amount stated herein. The parties do not intend for the Contractor to continue to provide services without compensation when the total compensation amount is reached. Contractor is responsible for notifying the Agency when the services provided under this Agreement reach the total compensation amount. In no event will the Contractor be paid for services provided in excess of the total compensation amount without this Agreement being amended in writing prior to those services in excess of the total compensation amount being provided. Request For Proposal – 21st Century Community Learning Centers 2012 47 B. Payment is subject to availability of funds pursuant to the Appropriations Paragraph set forth below and to any negotiations between the parties from year to year pursuant to Paragraph 1, Scope of Work, and to approval by the DFA. All invoices MUST BE received by the Agency no later than fifteen (15) days after the termination of the Fiscal Year in which the services were delivered. Invoices received after such date WILL NOT BE PAID. ( OR CHOICE – MULTI-YEAR – A. The Agency shall pay to the Contractor in full payment for services satisfactorily performed pursuant to the Scope of Work at the rate of dollars ($ ) in FYXX (USE FISCAL YEAR NUMBER TO DESCRIBE YEAR; DO NOT USE FY1, FY2, ETC.). The New Mexico gross receipts tax levied on the amounts payable under this Agreement in FYXX totaling (AMOUNT) shall be paid by the Agency to the Contractor. The total amount payable to the Contractor under this Agreement, including gross receipts tax and expenses, shall not exceed (AMOUNT) in FYXX. (REPEAT LANGUAGE FOR EACH FISCAL YEAR COVERED BY THE AGREEMENT -USE FISCAL YEAR NUMBER TO DESCRIBE EACH YEAR; DO NOT USE FY1, FY2, ETC.). B. Payment in FYXX, FYXX, FYXX, and FYXX is subject to availability of funds pursuant to the Appropriations Paragraph set forth below and to any negotiations between the parties from year to year pursuant to Paragraph 1, Scope of Work, and to approval by the DFA. All invoices MUST BE received by the Agency no later than fifteen (15) days after the termination of the Fiscal Year in which the services were delivered. Invoices received after such date WILL NOT BE PAID.) C. Contractor must submit a detailed statement accounting for all services performed and expenses incurred. If the Agency finds that the services are not acceptable, within thirty days after the date of receipt of written notice from the Contractor that payment is requested, it shall provide the Contractor a letter of exception explaining the defect or objection to the services, and outlining steps the Contractor may take to provide remedial action. Upon certification by the Agency that the services have been received and accepted, payment shall be tendered to the Contractor within thirty days after the date of acceptance. If payment is made by mail, the payment shall be deemed tendered on the date it is postmarked. However, the agency shall not incur late charges, interest, or penalties for failure to make payment within the time specified herein. 3. Term. THIS AGREEMENT SHALL NOT BECOME EFFECTIVE UNTIL APPROVED BY THE DFA. This Agreement shall terminate on DATE unless terminated pursuant to paragraph 4 (Termination), or paragraph 5 (Appropriations). In accordance with Section 13-1-150 NMSA 1978, no contract term for a professional services contract, including extensions and renewals, shall exceed four years, except as set forth in Section 13-1-150 NMSA 1978. 4. Termination. A. Termination. This Agreement may be terminated by either of the parties hereto upon written notice delivered to the other party at least thirty (30) days prior to the intended date of Request For Proposal – 21st Century Community Learning Centers 2012 48 termination. Except as otherwise allowed or provided under this Agreement, the Agency’s sole liability upon such termination shall be to pay for acceptable work performed prior to the Contractor’s receipt of the notice of termination, if the Agency is the terminating party, or the Contractor’s sending of the notice of termination, if the Contractor is the terminating party; provided, however, that a notice of termination shall not nullify or otherwise affect either party’s liability for pre-termination defaults under or breaches of this Agreement. The Contractor shall submit an invoice for such work within thirty (30) days of receiving or sending the notice of termination. Notwithstanding the foregoing, this Agreement may be terminated immediately upon written notice to the Contractor if the Contractor becomes unable to perform the services contracted for, as determined by the Agency or if, during the term of this Agreement, the Contractor or any of its officers, employees or agents is indicted for fraud, embezzlement or other crime due to misuse of state funds or due to the Appropriations paragraph herein. THIS PROVISION IS NOT EX C L USIVE AN D DOES N OT WA IVE THE ST ATE’S OT HER L EGAL RIGHTS AND REMEDIES CAUSED BY THE CONTRACTOR'S DEFAULT/BREACH OF THIS AGREEMENT. B Termination Management. Immediately upon receipt by either the Agency or the Contractor of notice of termination of this Agreement, the Contractor shall: 1) not incur any further obligations for salaries, services or any other expenditure of funds under this Agreement without written approval of the Agency; 2) comply with all directives issued by the Agency in the notice of termination as to the performance of work under this Agreement; and 3) take such action as the Agency shall direct for the protection, preservation, retention or transfer of all property titled to the Agency and records generated under this Agreement. Any non-expendable personal property or equipment provided to or purchased by the Contractor with contract funds shall become property of the Agency upon termination and shall be submitted to the agency as soon as practicable. 5. Appropriations. The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the Legislature of New Mexico for the performance of this Agreement. If sufficient appropriations and authorization are not made by the Legislature, this Agreement shall terminate immediately upon written notice being given by the Agency to the Contractor. The Agency's decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final. If the Agency proposes an amendment to the Agreement to unilaterally reduce funding, the Contractor shall have the option to terminate the Agreement or to agree to the reduced funding, within thirty (30) days of receipt of the proposed amendment. 6. Status of Contractor. The Contractor and its agents and employees are independent contractors performing professional services for the Agency and are not employees of the State of New Mexico. The Contractor and its agents and employees shall not accrue leave, retirement, insurance, bonding, use of state vehicles, or any other benefits afforded to employees of the State of New Mexico as a result of this Agreement. The Contractor acknowledges that all sums received hereunder are reportable by the Contractor for tax purposes, including without limitation, self-employment and business income tax. The Contractor agrees not to purport to bind the State of New Mexico Request For Proposal – 21st Century Community Learning Centers 2012 49 unless the Contractor has express written authority to do so, and then only within the strict limits of that authority. 7. Assignment. The Contractor shall not assign or transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement without the prior written approval of the Agency. 8. Subcontracting. The Contractor shall not subcontract any portion of the services to be performed under this Agreement without the prior written approval of the Agency. No such subcontract shall relieve the primary Contractor from its obligations and liabilities under this Agreement, nor shall any subcontract obligate direct payment from the Procuring Agency. 9. Release. Final payment of the amounts due under this Agreement shall operate as a release of the Agency, its officers and employees, and the State of New Mexico from all liabilities, claims and obligations whatsoever arising from or under this Agreement. 10. Confidentiality. Any confidential information provided to or developed by the Contractor in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of the Agency. 11. Product of Service -- Copyright. All materials developed or acquired by the Contractor under this Agreement shall become the property of the State of New Mexico and shall be delivered to the Agency no later than the termination date of this Agreement. Nothing developed or produced, in whole or in part, by the Contractor under this Agreement shall be the subject of an application for copyright or other claim of ownership by or on behalf of the Contractor. 12. Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this Agreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the Agreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this Agreement, will continue to comply with, and that this Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 NMSA 1978. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section 10-16-4.3 NMSA 1978, the Contractor does not employ, has not employed, and will not employ during the term of this Agreement any Agency employee while such employee was or is employed by the Agency and participating directly or indirectly in the Agency’s contracting process; Request For Proposal – 21st Century Community Learning Centers 2012 50 2) this Agreement complies with Section 10-16-7(A) NMSA 1978 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section 10-16-7(A) NMSA 1978 and this Agreement was awarded pursuant to a competitive process; 3) in accordance with Section 10-16-8(A) NMSA 1978, (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Agency's making this Agreement; 4) this Agreement complies with Section 10-16-9(A) NMSA 1978 because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by Section 10-16-9(A) NMSA 1978, this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; 5) in accordance with Section 10-16-13 NMSA 1978, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and 6) in accordance with Section 10-16-3 and Section 10-16-13.3 NMSA 1978, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the Agency. C. Contractor’s representations and warranties in Paragraphs A and B of this Article 12 are material representations of fact upon which the Agency relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the Agency if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in Paragraphs A and B of this paragraph were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the Agency and notwithstanding anything in the Agreement to the contrary, the Agency may immediately terminate the Agreement. D. All terms defined in the Governmental Conduct Act have the same meaning in this Article 12(B). Request For Proposal – 21st Century Community Learning Centers 2012 51 13. Amendment. A. This Agreement shall not be altered, changed or amended except by instrument in writing executed by the parties hereto and all other required signatories. B. If the Agency proposes an amendment to the Agreement to unilaterally reduce funding due to budget or other considerations, the Contractor shall, within thirty (30) days of receipt of the proposed Amendment, have the option to terminate the Agreement, pursuant to the termination provisions as set forth in Article 4 herein, or to agree to the reduced funding. 14. Merger. This Agreement incorporates all the Agreements, covenants and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, Agreements and understandings have been merged into this written Agreement. No prior Agreement or understanding, oral or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement. 15. Penalties for violation of law. The Procurement Code, Sections 13-1-28 through 13-1-199, NMSA 1978, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks. 16. Equal Opportunity Compliance. The Contractor agrees to abide by all federal and state laws and rules and regulations, and executive orders of the Governor of the State of New Mexico, pertaining to equal employment opportunity. In accordance with all such laws of the State of New Mexico, the Contractor assures that no person in the United States shall, on the grounds of race, religion, color, national origin, ancestry, sex, age, physical or mental handicap, or serious medical condition, spousal affiliation, sexual orientation or gender identity, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed under this Agreement. If Contractor is found not to be in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies. 17. Applicable Law. The laws of the State of New Mexico shall govern this Agreement, without giving effect to its choice of law provisions. Venue shall be proper only in a New Mexico court of competent jurisdiction in accordance with Section 38-3-1 (G) NMSA 1978. By execution of this Agreement, Contractor acknowledges and agrees to the jurisdiction of the courts of the State of New Mexico over any and all lawsuits arising under or out of any term of this Agreement. 18. Workers Compensation. The Contractor agrees to comply with state laws and rules applicable to workers compensation benefits for its employees. If the Contractor fails to comply with the Workers Compensation Act and applicable rules when required to do so, this Agreement may be terminated by the Agency. Request For Proposal – 21st Century Community Learning Centers 2012 52 19. Records and Financial Audit. The Contractor shall maintain detailed time and expenditure records that indicate the date; time, nature and cost of services rendered during the Agreement’s term and effect and retain them for a period of three (3) years from the date of final payment under this Agreement. The records shall be subject to inspection by the Agency, the Department of Finance and Administration and the State Auditor. The Agency shall have the right to audit billings both before and after payment. Payment under this Agreement shall not foreclose the right of the Agency to recover excessive or illegal payments 20. Indemnification. The Contractor shall defend, indemnify and hold harmless the Agency and the State of New Mexico from all actions, proceeding, claims, demands, costs, damages, attorneys’ fees and all other liabilities and expenses of any kind from any source which may arise out of the performance of this Agreement, caused by the negligent act or failure to act of the Contractor, its officers, employees, servants, subcontractors or agents, or if caused by the actions of any client of the Contractor resulting in injury or damage to persons or property during the time when the Contractor or any officer, agent, employee, servant or subcontractor thereof has or is performing services pursuant to this Agreement. In the event that any action, suit or proceeding related to the services performed by the Contractor or any officer, agent, employee, servant or subcontractor under this Agreement is brought against the Contractor, the Contractor shall, as soon as practicable but no later than two (2) days after it receives notice thereof, notify the legal counsel of the Agency and the Risk Management Division of the New Mexico General Services Department by certified mail. 21. New Mexico Employees Health Coverage. A. If Contractor has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Contractor certifies, by signing this agreement, to have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars. B. Contractor agrees to maintain a record of the number of employees who have (a) accepted health insurance; (b) declined health insurance due to other health insurance coverage already in place; or (c) declined health insurance for other reasons. These records are subject to review and audit by a representative of the state. C. Contractor agrees to advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web site link to additional information: http://insurenewmexico.state.nm.us/. 22. Employee Pay Equity Reporting Contractor agrees if it has ten (10) or more New Mexico employees OR eight (8) or more employees in the same job classification, at any time during the term of this contract, to complete and submit the PE10-249 form on the annual anniversary of the initial report submittal for Request For Proposal – 21st Century Community Learning Centers 2012 53 contracts up to one (1) year in duration. If contractor has (250) or more employees contractor must complete and submit the PE250 form on the annual anniversary of the initial report submittal for contracts up to one (1) year in duration. For contracts that extend beyond one (1) calendar year, or are extended beyond one (1) calendar year, contractor also agrees to complete and submit the PE10-249 or PE250 form, whichever is applicable, within thirty (30) days of the annual contract anniversary date of the initial submittal date or, if more than 180 days has elapsed since submittal of the last report, at the completion of the contract, whichever comes first. Should contractor not meet the size requirement for reporting at contract award but subsequently grows such that they meet or exceed the size requirement for reporting, contractor agrees to provide the required report within ninety (90 days) of meeting or exceeding the size requirement. That submittal date shall serve as the basis for submittals required thereafter. Contractor also agrees to levy this requirement on any subcontractor(s) performing more than 10% of the dollar value of this contract if said subcontractor(s) meets, or grows to meet, the stated employee size thresholds during the term of the contract. Contractor further agrees that, should one or more subcontractor not meet the size requirement for reporting at contract award but subsequently grows such that they meet or exceed the size requirement for reporting, contractor will submit the required report, for each such subcontractor, within ninety (90 days) of that subcontractor meeting or exceeding the size requirement. Subsequent report submittals, on behalf of each such subcontractor, shall be due on the annual anniversary of the initial report submittal. Contractor shall submit the required form(s) to the State Purchasing Division of the General Services Department, and other departments as may be determined, on behalf of the applicable subcontractor(s) in accordance with the schedule contained in this paragraph. Contractor acknowledges that this subcontractor requirement applies even though contractor itself may not meet the size requirement for reporting and be required to report itself. Notwithstanding the foregoing, if this Contract was procured pursuant to a solicitation, and if Contractor has already submitted the required report accompanying their response to such solicitation, the report does not need to be re-submitted with this Agreement. 23. Invalid Term or Condition. If any term or condition of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected and shall be valid and enforceable. 24. Enforcement of Agreement. A party's failure to require strict performance of any provision of this Agreement shall not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision. No waiver by a party of any of its rights under this Agreement shall be effective unless express and in writing, and no effective waiver by a party of any of its rights shall be effective to waive any other rights. 25. Notices. Any notice required to be given to either party by this Agreement shall be in writing and shall be delivered in person, by courier service or by U.S. mail, either first class or certified, return receipt requested, postage prepaid, as follows: To the Agency: [insert name, address and email]. Request For Proposal – 21st Century Community Learning Centers 2012 54 To the Contractor: [insert name, address and email ]. 26. Authority. If Contractor is other than a natural person, the individual(s) signing this Agreement on behalf of Contractor represents and warrants that he or she has the power and authority to bind Contractor, and that no further action, resolution, or approval from Contractor is necessary to enter into a binding contract. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of signature by the DFA Contracts Review Bureau below. By: Date: Agency By: Date: Agency’s Legal Counsel –Certifying legal sufficiency By: Date: Agency’s Chief Financial Officer By: Date: Contractor The records of the Taxation and Revenue Department reflect that the Contractor is registered with the Taxation and Revenue Department of the State of New Mexico to pay gross receipts and compensating taxes. ID Number: 00-000000-00-0 By: Date: Taxation and Revenue Department This Agreement has been approved by the SPA State Purchasing Division: By: Date: State Purchasing Agent Request For Proposal – 21st Century Community Learning Centers 2012 55 Scope of Work - SAMPLE Performance Measures (Performance Measures should be based on the Scope of Work and must be tied to the Agency’s Strategic Plan. The Plan should be referenced in the Measures and the applicable part of the Strategic Plan copied below or in an attachment. To the extent possible based on the nature of the work to be performed, the Measures should be “Output” oriented and specify an “Outcome.”) Performance Measures in Scope of Work shall contain measurable goals and objectives that are linked to the performance measures of the Agency’s Strategic Plan: Example: Goal: Reduce or Increase or Other Service [insert blank].1 Objective: To reduce or increase or Other Service [insert blank] by [blank] percent or by a certain time.2 Activities: [Insert what services the Contractor is expected to perform to accomplish goals and objectives including an evaluation of the process and the outcome as well as provides efficiency measures that relate efforts to outputs of services]. OR: Through satisfactory completion of the Scope of Work set forth above and submission of acceptable Deliverables, the Contractor will assist the Agency to meet the portions of its Strategic Plan set forth below (insert additional language if necessary to describe how Contractor’s work will assist the Agency to fulfill its duties). Example of Required Contract Deliverables Deliverable: To Be Completed By: Signed 21st CCLC Assurances TBD Fiscal Software Assurance Template December 15, 2012 1 A goal is an “output” measure. It measures the quantity of a service provided. For example, the number of students graduated or promoted; the number of two-lane highways repaired; or the number of crimes investigated. It also can measure the quantity of a service provided that meets a certain quality requirement. For example, the number of students graduated or promoted who meet a minimum preset level of achievement; the number of miles of roads repaired to a minimum safety standard; or the number of criminal investigations performed that result in identification of a prime suspect. 2 An accomplishment is an “outcome” measure. These indicators measure accomplishments or results that occur (at least partially) because the services were provided. For example, the percentage of students achieving a specified skill level in reading, the percentage of miles of roads in excellent, good or fair condition; or the percent reduction in serious crimes or the percent of residents who perceive their neighborhoods as safe. Request For Proposal – 21st Century Community Learning Centers 2012 56 Memorandum of Understanding between the service organization and LEA served Principal Signatures Template Database Software Assurance Template TBD Hours of Operation Template Snacks / Meals Template Transportation Safety Plan Template Partnerships/ Private School Plan Template Sustainability Plan Template Communication Plan Template Safe and Accessible Facility Template Target Population Template Program Activities Template Staff Inventory and Professional Development Template Funding Template Required Federal / State Data Reported Survey Template TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD Continuous Quality Improvement (CQI) Data Complete TBD CQI Plan TBD Continuation Application Packet TBD TBD TBD Request For Proposal – 21st Century Community Learning Centers 2012 57 APPENDIX C PROJECT SUMMARY FORM (A copy of this form in Word maybe found on the PED RFP web site) Request For Proposal – 21st Century Community Learning Centers 2012 58 PROJECT SUMMARY Offeror Information (Submitting Organization) Organization Name: Mailing Address: Offeror SHARE Vendor #: Offeror Federal Employer Identification Number (FEIN) #: NM Combined Reporting Systems (CRS) #: Offeror Key Personnel Name Office Phone Number Cell Phone Number Email Address Mailing Address Authorized Offeror Negotiator For Final Offer Proposed Program Director Fiscal Manager Partner Organization (For Joint Applications ONLY Between an LEA and Public or Private Community Entity) Organization Name: Mailing Address: Key Contact Name: Office Phone Number: Email Address: Total Year One Budget Request $ Request For Proposal – 21st Century Community Learning Centers 2012 59 Target School(s) Information Local Education Agency Name: Targeted School Name: Local Community: Grade Levels to Be Served: Total School Population: Name and Location of Center Serving this School: # of Students to be Served in the First Year: Grade Levels to Be Served: Total School Population: Name and Location of Center Serving this School: # of Students to be Served in the First Year: Local Education Agency Name: Targeted School Name: Local Community: *Delete rows or repeat additional blocks for data as needed to represent your targeted schools. Request For Proposal – 21st Century Community Learning Centers 2012 60 Document percentage of free and reduced lunch students and describe the low performing status for Private Schools and BIE schools (only) included as a target school above. Targeted School Name: What is the percentage of free and reduced lunch students? Describe how the percentage of free and reduced lunch students was determined. Describe how the low performing status was determined and provide data to support that determination. *Attach supporting documentation to support narrative. Request For Proposal – 21st Century Community Learning Centers 2012 61 APPENDIX D COST FORMULA FORM Request For Proposal – 21st Century Community Learning Centers 2012 62 COST FORMULA FORM The Cost Formula Form determines the proposed cost per student to be served by taking the total year one budget request and dividing by the total number of students to be served in year one which equals the cost per student. The Offeror’s cost includes all costs associate with the delivery of a 21st CCLC program minus the transportation costs. Total Year One Budget Request ($) -------------------------------------------------------Total # of Students to be Served in Year One = COST / STUDENT Determine your Proposed Cost / Student below: (Budget Request) $ divided by the (# of Students) = (Cost / Student) Request For Proposal – 21st Century Community Learning Centers 2012 63 APPENDIX E BUDGET JUSTIFICATION FORM (A copy of this form in Excel maybe found on the PED RFP web site) Sample: Units Subtotal: NonAdministrative Cost Portion Subtotal: Administrative Cost Portion $ 36,000.00 1000 Function Lead Instructor. One Lead Instructor per site (x 4 sites) during program hours ($25.00 an hr x 12 hrs a week x 30 weeks x 4 sites) = $36,000 $36,000 x 20% for admn = $7,200 $36,000 x 80% for non-admn = $28,800 $ 25.00 1440 $ 28,800.00 $7,200.00 $ 151,200.00 Instructors. 5 per site (x 4 sites) during program hours ($21.00 an hr x 12 hrs a week x 30 weeks x 5 instructors x 4 sites) 7200 $ 51,200.00 PED Function Code Total Amount 1000 Total Amount Detailed Description/Justification Unit Cost $ 21.00 Request For Proposal – 21st Century Community Learning Centers 2012 64 Budget Justification PED Function Code Total Amount Total Amount 1000 Function Code 1000 Totals $ Function Code 2100 Totals 2200 Unit Cost Units $ $ 2100 Support Services-Students $ Total Amount Subtotal: Administrative Cost Portion 1000 Instruction $ Total Amount 2100 Detailed Description/Justification Subtotal: NonAdministrative Cost Portion $ 2200 Support Services-Instruction Request For Proposal – 21st Century Community Learning Centers 2012 65 Function Code 2200 Totals $ Amount Total 2300 Function Code 2300 Totals 2500 $ 2300 Support Services-General Administration $ $ Total Amount 2400 Function Code 2400 Totals $ 2400 Support Services-School Administration $ $ Total Amount 2500 Support Services-Central Services Request For Proposal – 21st Century Community Learning Centers 2012 66 Function Code 2500 Totals $ Total Amount 2700 Function Code 2700 Totals $ 2700 Support Services-Student Transportation $ $ Total Amount 3300 Function Code 3300 Totals $ Indirect Costs $ Grand Total $ 3300 Non-Instructional Services- Community Services $ $ X% of total costs $ $ Separate Percentages of Total Budget: Non-Administrative Costs and Administrative Costs $ % % Directions: Form expands to accommodate detailed information. Request For Proposal – 21st Century Community Learning Centers 2012 67 Can add rows as needed. Mark unused sections as N/A/ Function Code Chart: Function: Title: Description: 1000 Instruction 2000 Support Services 3000 Operation of NonInstructional Services Instruction includes the activities dealing directly with the interaction between instructors and students. This includes: payment of staff; textbooks; instructional technology; prorated cost of teaching duties of administrators and other staff; and instructor training and travel, instructional coaches. Support services provided administrative, technical and logistical support to facilitate and enhance instruction. 2100 Support Services-Students: attendance and social work services, guidance services, health services, psychological services, speech pathology and audiology services, occupational therapy, and other student-related support services. 2200 Support Services- Instruction: library / media, instruction-related technology, academic student assessment. 2300 Support Services – General Administration: Activities concerned with establishing and administering policy for operating the program. 2400 Support Services – School Administration: Activities concerned with the overall administrative activities for a specific school. 2500 Central Services: Activities that support other administrative functions such as fiscal service, human resources, planning, printing and duplicating services, and administrative information technology. 2700 Student Transportation: Activities concerned with conveying students to and from school. This includes trips between home and school and trips to school activities. Activities concerned with providing non-instructional service to students, staff or the community. 3300 Community Services Operations: Activities concern with providing community service to students, staff, or other community participants including adult education and recreational opportunities. Administrative costs associated with 21st CCLC programming must not exceed 25% of the total budget. Administrative costs are generally defined as services that do not impact the student directly. For example, community learning center coordinators may also be instructors in the center. Therefore a portion of the reimbursement and benefits would be allocated to Function 1000 for instruction and a portion would be allocated to Function 2400 for support services school administration. PED recommends that community learning center coordinators allocate 20% of their time to Function 2400, and this amount would be included in the 25% cap for the administrative costs. Required data software licensing costs must be included in the budget justification in the amount of $3,000.00 for each proposed 21st Century Center site. PED will identify a process to assist successful Offerors in identifying a vendor to provide access to a software system that will support required data entry. All successful Offerors will be required to participate in software that delivers a uniform set of data as determined by PED, and the estimated cost for the original licensure for the software is cited above. The software costs are to be included in the Budget Justification and be included in the administrative costs Request For Proposal – 21st Century Community Learning Centers 2012 68 APPENDIX F HOURS OF OPERATION AND ACTIVITY SCHEDULE (A copy of this form in Word maybe found on the PED RFP web site) Request For Proposal – 21st Century Community Learning Centers 2012 69 Hours of Operation and Activity Schedule st 2012-2013 SCHOOL YEAR 21 CCLC PROGRAM INFORMATION Unique 21st CCLC Center Name: Schools Served by Center: Center Opening Date: Center Ending Date: Total Weeks of Service: How do these dates differ from the opening and ending dates for each school served by the center? Regular Hours of Operation During Non-School Hours Service Begin and End Times: Mon. Tues. Wed. Thur. Fri. (e.g., 7:00am-8:00am and/or 3:00pm – 6:00pm) Daily # of Hours of Service: Total # of Hours of Service Per Week: Dates of Vacation Service: School Vacation Hours of Operation Daily Hours of Operation: Total Hours of Service Per Vacation Event: Request For Proposal – 21st Century Community Learning Centers 2012 70 Summer Hours of Operation Center Ending Date: Center Opening Date: Service Begin and End Times: Mon. Tues. Wed. Total Weeks of Service: Thur. Fri. (e.g., 7:00am-– 6:00pm) Daily # of Hours of Service: Total # of Hours of Service Per Week: Student Activities Activities: (Identify amount of time devoted to each activity under appropriate day) Mon. Tues. Wed. Thur. Request For Proposal – 21st Century Community Learning Centers 2012 Fri. 71 Activities: Adult Education Activities (Families of Participating Students) Dates Time Offered: Offered: Total Hours Per Activity: Directions: One sheet per center. Add or delete rows as needed. Request For Proposal – 21st Century Community Learning Centers 2012 72 APPENDIX G 21ST CENTURY COMMUNITY LEARNING CENTER ASSURANCES Request For Proposal – 21st Century Community Learning Centers 2012 73 21ST CENTURY COMMUNITY LEARNING CENTER ASSURANCES (AS ALIGNED TO STATE AND FEDERAL EXPECTATIONS) Directions: An initial by the superintendent or authorized person in the space to the left indicates the applicant agrees to comply with the statement. Program Delivery Assurances: The Offeror will provide programming that targets students who attend: 1) schools eligible for Title I school wide programs and their families; AND 2) low performing schools. Only schools identified and approved by PED will be served. The Offeror assures that the proposed program was developed, and will be carried out, in active collaboration with the schools the students attend. The Offeror will serve students at no cost to the parents. The Offeror will provide access to learning and developmental opportunities for children with disabilities. The Offeror will ensure that their community learning centers will be operated in a safe and easily accessible facility. The Offeror will provide programming hours approved by PED. The Offeror will meet the minimum program delivery requirement at each center of 2 hours per day, 4 days per week for a minimum of 30 weeks. The Offeror will comply with Education Department General Administrative Regulations (EDGAR), 34 CFR Part 80 and Section 427 of the General Education and Provisions Act relating to overcoming barriers in the six areas of gender, race, national origin, color, disability or age. The Offeror will maintain an active Transportation Plan approved by PED. The Offeror will maintain an active Communication Plan approved by PED. Partnership Assurances: The Offeror assures that the communities to be served have been given notice of intent to submit an application for 21st CCLC funds. The Offeror, after the submission of the application, will provide for public availability and review of the application and any waiver request. The Offeror assures that formal agreements, with the schools the students attend and community partners, reflect that the planning and implementation of the community learning center(s) was and will be carried out in active collaboration. Request For Proposal – 21st Century Community Learning Centers 2012 74 The Offeror will maintain an active Sustainability Plan approved by PED. Fiscal Assurances: The Offeror will keep and provide accurate, fiscal information, as may be required for fiscal audit, and comply with the all the PED Request for Reimbursement criteria. All Offerors, receiving more than $500,000 in Federal funding per year, agree to have an annual audit, per guidance from OMB Circular A-133. The Offeror assures that the funds appropriated will be used to supplement, and not supplant, other Federal, State, and local public funds expended to provide programs and activities authorized under ESEA and other similar programs. The Offeror will comply with the applicable Office of Management and Budget Circulars regarding cost principles (OMB Circular A-87 “Cost Principles for State, Local, and Indian Tribal Governments,” OMB Circular A-21 “Cost Principles for Educational Institutions,” OMB Circular A-122 “Cost Principles for Non-Profit Organizations,” OMB Circular A-133 “Audits of State, Local Governments, and Non-Profit Organizations”). The Offeror assures that employees paid by 21st CCLC funds will not be used for any purpose other than to carry out the specific programs set forth in the proposal based on the full or proportionate salary and time worked. The Offeror assures that funds will be expended according to the purpose and intent for which they were designated, meeting both state and federal expectations. Evaluation Assurances: The Offeror will implement program that meet the Principles of Effectiveness. (Title IV, Part B, Section 4205(b). The Offeror will participate in the PED identified software, designed to allow compliance with the federal Profile and Performance Information Collection System (PPICS), submitting the required data in a timely manner as identified by PED. The Offeror will participate in the Continuous Quality Improvement processes annually as identified by PED. The Offeror will participate in the New Mexico 21st CCLC Comprehensive Evaluation Process, meeting requirements for data and reporting as identified by PED. Capacity Building Assurances: The 21st CCLC program director and individual center coordinators agree to attend PED required capacity building events. Request For Proposal – 21st Century Community Learning Centers 2012 75 Continued Funding Assurances: The Offeror will abide by the provisions set out in their application as approved by PED, unless the provisions have been officially modified by a process specified by PED. The Offeror understands that if evaluation data does not support program progress as required, the PED may reduce and/or terminate future funding. Printed Name of Authorized Official from Responsible Entity Signature of Authorized Official from Responsible Entity Date Printed Name of Financial Officer Signature of Custodian of Funds/Chief Financial Officer Date Printed Name of Designated Project Director Signature of Designated Project Director Date Request For Proposal – 21st Century Community Learning Centers 2012 76 APPENDIX H CAMPAIGN CONTRIBUTION DISCLOSURE FORM Request For Proposal – 21st Century Community Learning Centers 2012 77 CAMPAIGN CONTRIBUTION DISCLOSURE FORM Pursuant to the Procurement Code, Sections 13-1-28, et seq., NMSA 1978 and NMSA 1978, § 13-1-191.1 (2006), as amended by Laws of 2007, Chapter 234, any prospective contractor seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installation of measures the primary purpose of which is to conserve natural resources must file this form with that state agency or local public body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period. Furthermore, the state agency or local public body may cancel a solicitation or proposed award for a proposed contract pursuant to Section 13-1-181 NMSA 1978 or a contract that is executed may be ratified or terminated pursuant to Section 13-1-182 NMSA 1978 of the Procurement Code if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the procurement process or 2) a prospective contractor fails to submit a fully completed disclosure statement pursuant to the law. The state agency or local public body that procures the services or items of tangible personal property shall indicate on the form the name or names of every applicable public official, if any, for which disclosure is required by a prospective contractor. THIS FORM MUST BE INCLUDED IN THE REQUEST FOR PROPOSALS AND MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE. The following definitions apply: “Applicable public official” means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal. “Campaign Contribution” means a gift, subscription, loan, advance or deposit of money Request For Proposal – 21st Century Community Learning Centers 2012 78 or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the official to statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee. “Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law of (a) a prospective contractor, if the prospective contractor is a natural person; or (b) an owner of a prospective contractor. “Pendency of the procurement process” means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals. “Prospective contractor” means a person or business that is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person or business qualifies for a sole source or a small purchase contract. “Representative of a prospective contractor” means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor. Name(s) of Applicable Public Official(s) if any:_ (Completed by State Agency or Local Public Body) DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR: Contribution Made By: Relation to Prospective Contractor: Date Contribution(s) Made: Amount(s) of Contribution(s) Nature of Contribution(s) Request For Proposal – 21st Century Community Learning Centers 2012 79 Purpose of Contribution(s) (Attach extra pages if necessary) Signature Date Title (position) --OR— NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or representative. Signature Date Title (Position) Request For Proposal – 21st Century Community Learning Centers 2012 80 APPENDIX I NEW MEXICO EMPLOYEES HEALTH COVERAGE FORM Request For Proposal – 21st Century Community Learning Centers 2012 81 NEW MEXICO EMPLOYEES HEALTH COVERAGE FORM 1. For all contracts solicited and awarded on or after January 1, 2008: If the offeror has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, offeror must agree to: (a) have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2008 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed one million dollars or; (b) have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2009 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $500,000 dollars or (c) have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2010 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars. 2. Offeror must agree to maintain a record of the number of employees who have (a) accepted health insurance; (b) decline health insurance due to other health insurance coverage already in place; or (c) decline health insurance for other reasons. These records are subject to review and audit by a representative of the state. 3. Offeror must agree to advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web community learning center link to additional information http://insurenewmexico.state.nm.us/. 4. For Indefinite Quantity, Indefinite Delivery contracts (price agreements without specific limitations on quantity and providing for an indeterminate number of orders to be placed against it); these requirements shall apply the first day of the second month after the offeror reports combined sales (from state and, if applicable, from local public bodies if from a state price agreement) of $250,000, $500,000 or $1,000,000. Signature of Offeror: Date Request For Proposal – 21st Century Community Learning Centers 2012 82 APPENDIX J STATEMENT OF CONFIDENTIALITY Request For Proposal – 21st Century Community Learning Centers 2012 83 This signed unaltered form must be submitted with your proposal accompanied by the required statement. STATEMENT OF CONFIDENTIALITY RFP#30-924-12-15677 The undersigned employee of/subcontractor to , hereinafter referred to as "Contractor", agrees, during the term of the Contract between Contractor and the State of New Mexico and forever thereafter, to keep confidential all information and material provided by the State of New Mexico (SONM) or otherwise acquired by the employee/subcontractor, excepting only such information as is already known to the public, and including any such information and material relating to any client, vendor, or other party transacting business with SONM, and not to release, use or disclose the same except with the prior written permission of SONM. This obligation shall survive the termination or cancellation of the Contract between Contractor and SONM or of the undersigned's employment or affiliation with Contractor, even if occasioned by Contractor's breach or wrongful termination. The undersigned recognizes that the disclosure of information may give rise to irreparable injury to SONM, a client or customer of SONM, or to the owner of such information, inadequately compensable in damages and that, accordingly, SONM or such other party may seek and obtain injunctive relief against the breach or threatened breach of the within undertakings, in addition to any other legal remedies which may be available. The undersigned acknowledges that he or she may be personally subject to civil and/or criminal proceedings for such breach or threatened breach. (Signature) (Title) (Date) Request For Proposal – 21st Century Community Learning Centers 2012 84 APPENDIX K PED TARGETED PUBLIC SCHOOLS PRIVATE SCHOOLS and BIE schools who want to become a 21st CCLC center and receive funding through PED must demonstrate: 1. High poverty as demonstrated by 40% or more of their student population eligible for free and reduced lunch; 2. And must demonstrate low performance by a standardized assessment such as the New Mexico Standards Based Assessment (NMSBA), the Iowa Test of Basic Skills, CIB Terra Nova or comparable standardized assessment. NOTE: Private schools must demonstrate % of free and reduced lunch students and low performing status by including documentation in Attachment C. Request For Proposal – 21st Century Community Learning Centers 2012 85 PED TARGETED PUBLIC SCHOOLS Academy Of Trades And Technology Charter Alamogordo Public Schools Buena Vista Elementary Heights Elementary La Luz Elementary North Elementary Oregon Elementary Sacramento Elementary Sierra Elementary Yucca Elementary Albuquerque Public Schools A. Montoya Elementary Acoma Elementary Adobe Acres Elementary Alamosa Elementary Alvarado Elementary Apache Elementary Arroyo Del Oso Elementary Atrisco Elementary Barcelona Elementary Bel Air Elementary Bellehaven Elementary Carlos Rey Elementary Chaparral Elementary Chelwood Elementary Cochiti Elementary Collet Park Elementary Comanche Elementary Coronado Elementary Duranes Elementary Edward Gonzales Elementary Edmund G Ross Elementary Emerson Elementary Eugene Field Elementary Governor Bent Elementary Helen Cordero Primary Inez Elementary Request For Proposal – 21st Century Community Learning Centers 2012 86 Kirtland Elementary La Luz Elementary La Mesa Elementary Lew Wallace Elementary Longfellow Elementary Los Ranchos Elementary Manzano Mesa Elementary Marie M Hughes Elementary Mark Twain Elementary Maryann Binford Elementary McCollum Elementary Mission Avenue Elementary Mitchell Elementary Montezuma Elementary Mountain View Elementary Navajo Elementary Painted Sky Elementary Reginald Chavez Elementary Rudolfo Anaya Elementary Sierra Vista Elementary Sombra Del Monte Elementary Zia Elementary Zuni Elementary Cleveland Middle Garfield Middle Grant Middle Polk Middle Taylor Middle Truman Middle Washington Middle Albuquerque High Atrisco Heritage Academy High Del Norte High Highland High Manzano High Nex Gen Academy New Futures Rio Grande High School On Wheels Valley High Request For Proposal – 21st Century Community Learning Centers 2012 87 West Mesa High Albuquerque Talent Development Secondary Charter Christine Duncan Heritage Academy Charter La Academia De Esperanza Charter La Academia De Lengua y Cultura Charter Los Puentes Charter Native American Community Academy Charter Nuestros Valores High Charter Robert F Kennedy Charter School for Integrated Academics and Technologies Charter South Valley Academy Charter Albuquerque Sign Language Academy Charter Alma D Arte High Charter Amy Biehl High Charter Animas Public Schools Animas Middle Architecture Construction and Engineering Leadership High Charter Artesia Public Schools Grand Heights Early Childhood Hermosa Elementary Yeso Elementary Yucca Elementary Aztec Municipal Schools Lydia Rippey Elementary Belen Consolidated Schools Central Elementary Dennis Chavez Elementary Gil Sanchez Elementary Jaramillo Elementary La Merced Elementary La Promesa Elementary Rio Grande Elementary Request For Proposal – 21st Century Community Learning Centers 2012 88 Belen High Belen Infinity High Bernalillo Public Schools Algodones Elementary Santo Domingo Elementary Willanna D Carroll Elementary Cochiti Middle Santo Domingo Middle Bloomfield Schools Bloomfield Family Learning Center Central Primary Capitan Municipal Schools Capitan Elementary Carlsbad Municipal Schools Craft Elementary Hillcrest Elementary Joe Stanley Smith Elementary Pate Elementary Alta Vista Middle Carrizozo Municipal Schools Carrizozo Elementary Carrizozo Middle Carrizozo High Central Consolidated Schools Career Preparatory Alternative Eva B Stokely Elementary Mesa Elementary Nizhoni Elementary Ojo Amarillo Elementary Ruth N Bond Elementary Newcomb Middle Tse Bit Ai Middle Central High Newcomb High Shiprock High Request For Proposal – 21st Century Community Learning Centers 2012 89 Cesar Chavez Community School Charter Chama Valley Independent Schools Chama Elementary Tierra Amarilla Elementary Cien Aguas International Charter Cloudcroft Municipal Schools Cloudcroft Elementary Clovis Municipal Schools Bella Vista Elementary Highland Elementary James Bickley Elementary La Casita Elementary Lockwood Elementary Parkview Elementary Cobre Consolidated Schools Bayard Elementary Central Elementary San Lorenzo Elementary Snell Middle Corona Municipal Schools Corona High Creative Education Preparatory Number 1 Charter Cuba Independent Schools Cuba Elementary Cuba Middle Cuba High Deming Public Schools Memorial Elementary Deming Middle Deming High Dexter Consolidated Schools Dexter Elementary Request For Proposal – 21st Century Community Learning Centers 2012 90 Dexter Middle Dexter High Dulce Independent Schools Dulce High Espanola Public Schools Alcalde Elementary Chimayo Elementary Dixon Elementary Eutimio Salazar Elementary Hernandez Elementary Los Ninos Elementary Mountain View Elementary Tony Quintana Elementary Velarde Elementary Carlos F Vigil Middle Carinos De Los Ninos Charter Estancia Municipal Schools Estancia Lower Elementary Estancia Upper Elementary Van Stone Elementary Estancia High Eunice Municipal Schools Mettie Jordan Elementary Caton Middle Eunice High Farmington Municipal Schools Animas Elementary Bluffview Elementary Esperanza Elementary McCormick Elementary McKinley Elementary Northeast Elementary Hermosa Middle Request For Proposal – 21st Century Community Learning Centers 2012 91 Heights Middle Mesa View Middle Tibbetts Middle Floyd Municipal Schools Floyd Elementary Fort Sumner Municipal Schools Fort Sumner Elementary Fort Sumner High Gadsden Independent Schools Berino Elementary Desert Trails Elementary Desert View Elementary Santa Teresa Elementary Sunland Park Elementary Sunrise Elementary Vado Elementary Chaparral High Gadsden High Santa Teresa High Anthony Charter Gallup McKinley County Schools Chee Dodge Elementary Church Rock Elementary David Skeet Elementary Juan De Onate Elementary Lincoln Elementary Ramah Elementary Red Rock Elementary Stagecoach Elementary Thoreau Elementary Tohatchi Elementary Twin Lakes Elementary Crownpoint Middle Gallup Middle Request For Proposal – 21st Century Community Learning Centers 2012 92 John F. Kennedy Middle Tohatchi Middle Crownpoint High Gallup Central Alternative Gallup High Miyamura High Navajo Pine High Ramah High Thoreau High Tohatchi High Tse Yi Gai High Gilbert L Sena High Charter Grants Cibola County Schools Cubero Elementary Milan Elementary Mount Taylor Elementary San Rafael Elementary Laguna Acoma Middle Los Alamitos Middle Grants High Laguna Acoma High Hagerman Municipal Schools Hagerman Elementary Hagerman Middle Hatch Valley Public Schools Garfield Elementary Hatch Valley Elementary Rio Grande Elementary Hatch Valley High Hobbs Municipal Schools Booker T Washington Elementary Edison Elementary Jefferson Elementary Request For Proposal – 21st Century Community Learning Centers 2012 93 Southern Heights Elementary Taylor Elementary Will Rogers Elementary Hondo Valley Public Schools Hondo Elementary Jal Public Schools Jal Elementary Jemez Mountain Public Schools Gallina Elementary Lybrook Elementary Coronado High Jemez Valley Public Schools Jemez Valley Elementary Jemez Valley Middle Jemez Valley High San Diego Riverside Charter La Resolana Leadership Academy Charter Lake Arthur Municipal Schools Lake Arthur Elementary Lake Arthur Middle Lake Arthur High Las Cruces Public Schools Alameda Elementary Booker T Washington Elementary Columbia Elementary Conlee Elementary Dona Ana Elementary Hermosa Heights Elementary Loma Heights Elementary Mac Arthur Elementary Mesilla Park Elementary Tombaugh Elementary Request For Proposal – 21st Century Community Learning Centers 2012 94 Valley View Elementary Las Montanas Charter Las Vegas City Public Schools Las Vegas City Early Childhood Legion Park Elementary Los Ninos Elementary Mike Sena Elementary Paul D Henry Elementary Sierra Vista Elementary Memorial Middle Logan Municipal Schools Logan High Lordsburg Municipal Schools Central Elementary Southside Elementary R V Traylor Elementary Dugan Tarango Middle Los Lunas Public Schools Ann Parish Elementary Katherine Gallegos Elementary Los Lunas Elementary Raymond Gabaldon Elementary Tome Elementary Desert View Intermediate Valencia Middle Century Alternative High Loving Municipal Schools Loving Elementary Lovington Municipal Schools Ben Alexander Elementary Jefferson Elementary Lea Elementary Llano Elementary Yarbro Elementary Request For Proposal – 21st Century Community Learning Centers 2012 95 Magdalena Municipal Schools Magdalena Elementary Magdalena Middle Magdalena High Maxwell Municipal Schools Maxwell Elementary Maxwell High Media Arts Collaborative Charter Melrose Public Schools Melrose High Mesa Vista Consolidated Schools El Rito Elementary Ojo Caliente Elementary Mesa Vista Middle Mesa Vista High Mora Independent Schools Mora Elementary Lazaro Garcia Middle Mountainair Public Schools Mountainair Elementary Mountainair Junior Mountainair High Pecos Independent Schools Pecos Middle Penasco Independent Schools Penasco Elementary Pojoaque Valley Public Schools Pablo Roybal Elementary Pojoaque Intermediate Portales Municipal Schools Brown Early Childhood Center James Elementary Lindsey Steiner Elementary Request For Proposal – 21st Century Community Learning Centers 2012 96 Valencia Elementary Quemado Independent Schools Datil Elementary Questa Independent Schools Alta Vista Elementary Rio Costilla Elementary Alta Vista Intermediate Questa Junior Ralph J Bunche Academy Charter Raton Public Schools Columbian Elementary Kearney Elementary Longfellow Elementary Rio Rancho Public Schools Colinas Del Norte Elementary Puesta Del Sol Elementary Rio Rancho Elementary Eagle Ridge Middle Independence High Roswell Independent Schools East Grand Plains Elementary El Capitan Elementary Missouri Avenue Elementary Monterrey Elementary Nancy Lopez Elementary Pecos Elementary Sunset Elementary Valley View Elementary Washington Avenue Elementary Mesa Middle Mountain View Middle Sierra Middle Roswell High Request For Proposal – 21st Century Community Learning Centers 2012 97 University High Ruidoso Municipal Schools Nob Hill Early Childhood Center Sierra Vista Primary White Mountain Elementary Ruidoso Middle Ruidoso High San Jon Municipal Schools San Jon Elementary San Jon Middle San Jon High Santa Fe Public Schools Academy at Larragoite Agua Fria Elementary E J Martinez Elementary Gonzales Elementary Kearny Elementary R M Sweeney Elementary Salazar Elementary Tesuque Elementary Capital High Santa Fe High Aspen Community Magnet School Turquoise Trail Elementary Charter Santa Rosa Consolidated Schools Rita A Marquez Elementary Santa Rosa Elementary Santa Rosa High School Of Dreams Academy Charter Silver Consolidated Schools G W Stout Elementary Socorro Consolidated Schools Parkview Elementary Request For Proposal – 21st Century Community Learning Centers 2012 98 Raymond Sarracino Middle Springer Municipal Schools Forrester Elementary Wilferth Elementary T or C Municipal Schools Arrey Elementary Sierra Elementary T Or C Elementary T Or C Middle Taos Academy Charter Taos Municipal Schools Arroyo Del Norte Elementary Enos Garcia Elementary Ranchos De Taos Elementary Taos Middle Taos High Chrysalis Alternative Tatum Municipal Schools Tatum Elementary Texico Municipal Schools Texico Elementary Texico High Tucumcari Public Schools Tucumcari Elementary Tucumcari High Tularosa Municipal Schools Tularosa Elementary Tularosa Intermediate Tularosa Middle Tularosa High Vaughn Municipal Schools Vaughn Elementary Vaughn High Request For Proposal – 21st Century Community Learning Centers 2012 99 West Las Vegas Public Schools Don Cecilio Martinez Elementary Luis E Armijo Elementary Tony Serna Jr Elementary Valley Elementary Valley Middle West Las Vegas Middle West Las Vegas Family Partnership High West Las Vegas High Rio Gallinas Ecology and the Arts Charter Zuni Public Schools A Shiwi Elementary Dowa Yalanne Elementary Zuni Middle Twin Buttes High Zuni High Request For Proposal – 21st Century Community Learning Centers 2012 100